Posts by NB Lawyers
Firing Employees In Their Probationary Period – Beware General Protections
Employers when deciding to dismiss an employee in their probationary period (or statutory minimum period of employment) are usually aware that this will protect themselves from an unfair dismissal claim. For Employers and HR managers what should also be kept in mind are other potential employment claims such as discrimination, breach of contract and in…
Read MoreChoosing the Best Property Ownership Structure for You
When two or more people own a property together, there are three main ownership structures they can choose from; Joint tenancy; Tenancy in common; or Trustee. It is important to know which structure is best for you to ensure you get it right the first time and avoid additional costs. Joint Tenancy Joint tenancy is…
Read MoreA Band-Aid on Workpac v Skene? – Fair Work Amendment Casual Loading Offset
On 18 December 2018 the Federal Government introduced the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) (Amendment) to vary the Fair Work Regulations 2009 (Cth) (Regulations) in light of the decision in Workpac v Skene, a case we have reviewed previously (Workpac v Skene article). The Amendment clarifies that an employer now has a statutory right to offset…
Read MoreCouncils Beware of General Protections Claims – “Slow the Process Down”
General Protections claims have become a convenient tool for employees working in local councils to avoid or even unnecessarily prolong legitimate performance management issues, action regarding illness and injury and misconduct concerns. Executives and managers in Councils need to be aware of how to protect their organisation against such claims and reduce the risk and…
Read MorePersonal Liability for Company Directors: When Things Go Wrong
Personal asset protection is often touted as a major benefit of operating through a company rather than as a sole trader or in a traditional partnership. Despite this, there are a significant and growing number of liabilities and obligations for which a director can be personally liable. Whether you are the sole director and shareholder…
Read MoreFoodora Driver was an “Employee” says the Fair Work Commission
The constant issue of not having a clear definition of what is an “independent contractor” in the Fair Work Act 2009 (Act) has reared its ugly face again as a landmark decision against Foodora was handed down. Commissioner Cambridge found that a Foodora driver should be considered an employee whilst applying the multifactorial test. The…
Read MoreSale and Purchase of Business: Equity versus Asset Sales
Are you looking to buy a business, or have you signed a contract already? If so, there are key risks and advantages about the structure of the transaction that need to be understood before looking at the detail. There are many reasons to buy a business. Perhaps you are new business owner and want to…
Read MoreNew GST Withholding Laws in Australia
On 1 July 2018 the new GST withholding regime relating to new residential premises or potential residential land transactions came into effect. The regime requires the buyers of new residential premises or potential residential land to account to the Australian Taxation Office (ATO) for GST included in the purchase price.
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