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The termination of the employment relationship is one of the most challenging and frequently litigated areas in employment law. Unsurprisingly, the first half of 2017 has been no exception. There have been numerous cases go before our judicial system which have raised nuanced, and in some respects untested questions of law to be determined. In this legal briefing, we provide a recap on three exceptionally informative and instructive cases for employers, each dealing in their own way with a unique and distinct issue in relation to termination of employment.
Posted on:
18 Aug 2017
With the arduous task of conducting performance appraisals out of the way, many employers understandably think the hard yards have been done. Although carrying out performance reviews may necessitate both positive and negative conversations with employees, depending on the kind of feedback being provided, many employers often disregard a fundamental and imperative step in the process to consolidate such discussions.
Posted on:
4 Aug 2017
The South Australian Government has announced its intention to legislate to impose a levy on the major banks, only weeks after the Commonwealth Government did the same. This may raise questions in the minds of some as to whether it is within the power of the South Australian Parliament to enact a law imposing a levy on banks, given that banking is largely regulated by Commonwealth law today.
Posted on:
4 Aug 2017
The courts continue to interpret and amend the provisions of the still relatively new Personal Property Securities Act 2009 (PPSA). Even the legislature has weighed in with small but significant amendments following the law’s commencement in early 2012. This is occurring in the context of mistakes and misfortunes borne by commercial parties grappling with the PPSA’s novelty and intricacies.
Posted on:
1 Aug 2017
We negotiate all the time in our jobs, businesses, daily activities and personal lives. Negotiation is the process of using information and power, to affect another person’s behaviour, “within a web of tension” (1). Negotiation is not an event, but a process. Through negotiation we seek to act and behave in such a way as to build trust with our counterparty. Each of us has certain, unique needs which we seek  to harmonise so as to resolve a dispute or otherwise achieve an outcome involving another party. The 3 elements of any negotiation are:
Posted on:
1 Aug 2017
Phew - annual Performance Reviews done! This is an often heard at this time of year. Unfortunately, performance management and annual or bi-annual reviews instill dread in both the employee and managers tasked with conducting performance reviews. However, despite the angst and stress that accompanies performance reviews, not much else is achieved as a result of the review, other than to tick the relevant box stating they have been done. This surely cannot be the purpose of performance reviews.
Posted on:
21 Jul 2017
Disappointed suppliers currently face an uphill climb if they wish to challenge the outcome of a Commonwealth procurement process, even if they suspect that the process may not have complied with the ]]>Commonwealth Procurement Rules]]> (CPRs).   This may be about to
Posted on:
13 Jun 2017
On 16 March 2017, in proceedings between the Australian Transaction Reports and Analysis Centre (AUSTRAC) and three Tabcorp Group companies (Tab Ltd, Tabcorp Holdings Ltd and Tabcorp Wagering (Vic) Pty Ltd),[1] the Federal Court ordered the Tabcorp Group companies to pay a civil penalty of $45 million in respect of contraventions of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) between 2010 and 2015. The order gives the Court’s approval to the settlement negotiated between AUSTRAC and Tabcorp earlier this year.[2] The penalty imposed is apparently the largest ever corporate penalty imposed in Australia.[3]
Posted on:
3 Apr 2017
Case note and commentary: Privacy Commissioner v Telstra Corporation Ltd [2017] FCAFC 4 (Grubb case) Andrea Beatty, Gabor Papdi and Emma Zirkel, KEYPOINT LAW Date: 19 January 2017
Posted on:
28 Feb 2017
Mandatory reporting for privacy breaches Andrea Beatty and Gabor Papdi KEYPOINT LAW Mandatory data breach notification appears to be inevitable. A Bill to amend the Privacy Act was recently introduced into the Parliament. The notification regime it seeks to impose is not materially different from the present voluntary notification scheme, but its mandatory nature should motivate entities to improve data security so as to prevent data breaches and thereby avoid the notification obligations.
Posted on:
28 Feb 2017

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