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Most people love a chat. However, understandably, most managers and employers often avoid having difficult conversations with their employees because it can be awkward, confrontational and time consuming. Unfortunately, avoiding what needs to be said can grow into a major issue causing legal risks and reducing an employer’s ability to successfully defend legal claims should they arise.
Posted on:
19 Sep 2016
As many of our readers would be aware, the second Thursday of September in each year, is a national day dedicated to asking family, friends and colleagues the simple question: “Are you okay?”. Given that Thursday 8 September has just gone by, and in light of growing global awareness of depression and suicide, mental health issues and domestic or family abuse, we thought it would be fitting to write a client alert about this topic.
Posted on:
19 Sep 2016
We are often asked if the conduct of an employee gives rise to sufficiently serious grounds so as to amount to serious misconduct for which the employer can instantly dismiss the employee without notice. The honest answer is that the law does not prescribe a precise definition of the meaning of serious misconduct, although several regimes including the common law, the contract of employment and the Fair Work legislation may assist in determining whether an employee’s conduct justifies instant dismissal.
Posted on:
19 Sep 2016
The importance of secured financiers correctly registering their security interests on the Personal Property Securities Register (PPSR) cannot be overstated. An error, say in the details of a lessee/borrower recorded on the PPSR will threaten the priority ranking the financier believes it has obtained by virtue of registration. Recently the New South Wales Supreme Court considered whether it could rectify a registration error on the PPSR. In effect the court was being asked to backdate a corrected registration to the time from which the faulty registration began.
Posted on:
5 Sep 2016
The pace of change continues for financial services. This article highlights some of the current challenges and changes facing the financial services sector. 
Posted on:
16 Aug 2016
It is not uncommon that we receive a query as to whether employers can direct employees to take annual leave. This often arises when the business shuts down usually over the Christmas and New Year season. Conversely, it is not uncommon that we receive a query as to whether, and in what circumstances, employees are able to trade in a portion of their annual leave entitlement for cash. 
Posted on:
15 Aug 2016
Article written by Keypoint Law Consulting Principal, Andrea Beatty, and Associate, Jack McIntosh; as published in the LexisNexis Financial Services Newsletter 2016, Vol 15, No. 5   Unfair Contract Terms - analysis and toolkit From 12 November 2016, the Unfair Contract Terms Law (UCTL) that provides protections for consumers will be extended to include standard form small business contracts (SFSBCs).
Posted on:
25 Jul 2016
In the second half of 2016, the reforms to Strata title laws will come into force in New South Wales.[1]  These include new statutory duties laid upon members of the executive committee of a strata plan. 
Posted on:
16 Jun 2016
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
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

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