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This article is part of a series on the new reforms to Strata Title legislation in NSW, the most far-reaching reform to take place since the commencement of strata title in 1961. Most provisions of the Strata Schemes Development Act 2015 (NSW) and Strata Schemes Management Act 2015 (NSW) will commence on 1 July 2016.  
Posted on:
8 Jun 2016
Many people believe that if they do not have a written employment contract, they are not bound by a contract with their employer at all. This is a common mistake, as an employment contract exists whether written or not, the moment the employer and employee agree on terms of employment. The contract terms can be either express, that is written or verbally agreed, or implied by law, or a combination of both.
Posted on:
23 May 2016
It is astounding that so often we have discussions with both corporate and individual clients, and when we enquire what Modern Awards apply in their business or cover their employment, they either answer that they don’t have any as all employees are paid above award rates, or they just do not know. Modern Awards cover a vast number of employees across almost all areas of work. It is most unlikely that all an employers’ employees are award free, unless they have an enterprise agreement or other industrial agreement in place that overrides and displaces the operation of a Modern Award. 
Posted on:
23 May 2016
A businessman handed over control of his companies’ assets after a gang-bashing and threats to his wife and children. He did not report the attacks or the theft to the police. Yet he was afterwards able to recover assets from an innocent third party who had bought them from the extortioner in good faith. This appellate decision clarifies an important point about the exception in section 26 of the Sale of Goods Act 1923 (NSW). This exception is also part of the law of the United Kingdom, as well as of other Australian States and Territories. Its terms are set out below. The decision reinforces the need to check the bona fides and authority of anyone selling large company assets, such as construction plant and equipment.
Posted on:
20 May 2016
Going viral on the web can be great for bloggers, Instagrammers, Tweeters and Facebook users, but what happens when an employee posts a “status”, “hashtag” or uploads content that is potentially offensive, intimidating or injurious to the reputation of their employer.
Posted on:
10 Apr 2016
Under Part 6-4B of the Fair Work Act 2009 (Cth) (“Act”) the Fair Work Commission (“Commission”) has the power to make a “stop bulling order” when a worker has been bullied at work, unless the alleged bullying conduct amounts to “reasonable management action” carried out in a “reasonable manner”.
Posted on:
21 Mar 2016
In the last few weeks we have appeared in numerous unfair dismissal matters. The level of activity in this jurisdiction is not unusual given that in the period between October to December 2015 the Fair Work Commission received a total of 3636 unfair dismissal applications. Why is this jurisdiction so popular?
Posted on:
16 Mar 2016
Many of my clients tell me that they just want to terminate the employment of a troublesome employee and they do not want the hassle of a long drawn out process they believe is required to ensure the employee cannot bring an unfair dismissal claim. I often hear the refrain that it is “impossible to terminate employees in Australia”.
Posted on:
29 Feb 2016
(Adcock v Blackmores Limited & Ors [2016] FCCA 265) This case concerned an application by Mr Adcock, the former Commercial Manager (Asia) of Blackmores Limited (“Blackmores”) a publicly listed company which produces and sells a range of natural healthcare products, who sought compensation in excess of $140,000 on the basis that his employer dismissed him by refusing to recognise that his position was redundant and had repudiated his contract of employment by failing to pay him redundancy entitlements under an enterprise agreement. 
Posted on:
22 Feb 2016
Change management and downsizing has the potential to present a melting pot of legal issues for employers, and there are many practical traps for organisations to consider in planning and executing redundancies especially in a tough economic environment. 
Posted on:
12 Feb 2016

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