Employment Law

Consultants and Contractors: Are they liable if they divert prospective clients to their own business?

By NB Lawyers | August 3, 2016 |

The rise of the engagement and use of consultants has brought about greater ability for small and medium sized businesses

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If it walks like a duck…independent contracting versus employment

By NB Lawyers | May 23, 2016 |

Contractor or employee? Such a question is prevalent in the workplace as Australia moves towards flexibility, e-commerce and creative recruitment strategies. There is also an increasing number of instances where an

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Decision Paralysis and Persistent Tardiness – Can you legally dismiss an employee?

By NB Lawyers | May 9, 2016 |

Decision paralysis experienced by many decision makers, business owners, board members and directors is no doubt a problem. Especially in situations where an employee continues to engage in

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Stealing: The case of the missing laptop

By NB Lawyers | March 7, 2016 |

Stealing is largely considered serious misconduct and therefore grounds for summary (instant) dismissal. However, the case law has been quite clear in the past, that evidence or at least some factual basis is required to terminate the employment of an employee on the basis

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Redundancy, Restructure and Redeployment

By NB Lawyers | December 17, 2015 |

For companies and employers considering restructuring prior to Christmas or early in the new year, there are many issues to consider. The Fair Work Act 2009 (Cth) is prescriptive at some level, for example the amount of redundancy pay that is payable to employees. A recent case, Troy Brown & Ors v Clermont Coal Pty…

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