Terminating employees during their probation period can still result in damages if the general protections provisions of the Fair Work Act are breached Terminating employees who are not suitable for the business during the probationary period is a sensible thing to do, however, employees may still be able to claim that their employer breached the [...]
THE RECENT CASE OF CASDAR PTY LTD V JOSEPH FANOUS[1] reminds us of the hazards of non-binding and informal agreements. In that case, a Landlord, relying on a signed Heads of Agreement as the source of his rights, sought damages against a tenant. The court dismissed the claim on the basis that the Heads of [...]
Per the Competition and Consumer Act 2010 (the CCA), a surcharge on card payments must not exceed the actual cost of processing the fee. The ACCC made this blatantly clear in November last year when it fined Red Balloon, the corporate gift agency founded by Shark Tank’s Naomi Simson, $43,200 for exceeding the caps set [...]
Case study we were recently involved in Properly drafted employment agreements can mitigate subsequent claims for underpayment; where the allocation of wages is expressly documented and agreed in an employment agreement, employers can offset over-award payments against other obligations in addition to ordinary wages. The problem The employer owns a café in Melbourne and its [...]
