Posts by NB Lawyers
When is a resignation really a resignation – our top 3 tips for Employers
We have recently been asked by a client if they could treat a resignation by a disgruntled employee as a genuine resignation. The employee had felt stressed by events in his personal life and believed unjustified criticism was being directed towards him. He appeared to have verbally resigned at a performance management meeting and partially…
Read MoreConfirmation of the “Contractor” Arrangement – Dentists (and allied health)
In 2019, our office released an article regarding the findings in the case of Moffet v Dental Corporations Pty Ltd [2019] FCA 344, focussing on the Federal Court’s decision that a dentist, otherwise considered a contractor for employment law purposes, was in fact an employee for superannuation purposes. This case is important because many allied…
Read More“Alleged ‘hooning’ in council vehicle leads to dismissal for timesheet fraud – our top 3 tips for employers”
We have recently reviewed a decision[1] of the Fair Work Commission (the Commission) involving the Southern Midlands Council, Tasmania (the Council) and an animal management employee. The decision serves as a useful reminder for employers who provide vehicles to their employees to have clear policies in place regarding their usage. A bit of background on…
Read MoreThe Pink Folder – Senior Employees and their duties of trust and confidence (3 Tips for Employers)
Senior employees are often in a position of trust with their employers, to the extent they may owe an implied common law duty of fidelity to their employer, irrespective of the terms of their employment contract. This duty is often implied as a result of a senior employee’s access to confidential information, their knowledge of…
Read MoreTop 3 tips – Employers can avoid a $1.34 Million underpayment claim
A recent Federal Circuit Court decision has seen 48 employees of Macquarie Bank being awarded in total $1.34 Million in underpayment of wages. Ranging from non payment of: Annual leave loading Periods of annual leave Personal/carers leave (sick leave) Compassionate leave Public holiday leave This was even though in the context of the Modern Award…
Read MoreTop 5 Tips on Restraint of Trade for Employers
#1 Identify when a ‘restraint of trade’ clause is necessary Naturally, employers don’t want their former employees setting up shop next door in direct competition of the business. In our experience, the threat of a current or potential employee becoming direct competition doesn’t always cross an employer’s mind until it is too late. Therefore, our…
Read More5 Tips for Shareholders Agreement
Tip 1 – Get it done at the Beginning The single biggest mistake we see is that the participants fail to prepare a shareholders agreement at the outset of the venture. There can be many reasons for this, including but not limited to the following: it may not occur to the parties that they need…
Read MoreTop 3 tips to manage workplace rumours and gossip (and save a $40K payout)
A recent decision of the Fair Work Commission has resulted in an employee being awarded the maximum compensation of 26 weeks pay (a little over $40,000) after it was held she was constructively dismissed. The constructive dismissal arose after the employer accused the employee of spreading malicious rumours in front of the entire workplace. In…
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