Articles
Loosening the BOOT straps and 9 other Industrial Relations changes
The Better Off Overall Test (BOOT) is consideration by the Fair Work Commission whether a proposed Enterprise Agreement (EA) or Enterprise Bargaining Agreement (EBA) is better off overall than the applicable industrial award. A proposed bill is looking to change this and give more ability for Employers and the Fair Work Commission to pass EA’s and EBA’s with more…
Read MoreHow 3 Avengers Principles from Nick Fury can help Healthcare Employers
We ride into 2021 with lockdowns, face masks, UK strains and “your on mute” consistent buzzwords for Employers and the healthcare industry. Directors, practitioners and office managers may be fielding a lot of questions around legal entitlements and obligations so let’s get an assist from the leader of the Avengers himself, Nick Fury. Principle 1…
Read More3 Hot tips on Charging Clause in Personal guarantees for directors
Personal or director guarantees are commonplace in many commercial contracts. Common transactions that will generally require a personal guarantee include: any business purchase; commercial leases; loans; or trading terms and credit applications. In such instances the personal guarantee will generally be from one or all the directors of the company. What is a Charging Clause?…
Read MoreNew Year Ready or not.. for Insolvency Reform and Debt Recovery?
Due to the unprecedented impacts of COVID-19, 2020 has seen an array of legislative interventions to protect businesses to trade through the crisis. One of the more significant changes was the extension of the time frame for companies to respond to their creditor’s statutory demands. Statutory Demands Breakdown In ‘normal’ times a creditor’s statutory demand…
Read More3 ways to handle an employee’s incapacity from recent decisions of the Fair Work Commission
Employers are now gradually winding down their operations in preparation for a (well-deserved) Christmas break. The break gives employers and employees an opportunity to reflect on the year. For some employers, they may encounter a situation where their employees, after reflecting on their employment over the break, decide to look for ‘greener pastures’. Illness might…
Read More4 Hot Tips for HR from an Employment Lawyer in 2021
The post pandemic landscape has meant a number of challenges for Employers and HR. As an Employment Lawyer human resources department ask for assistance on a range of matters. Here are some quick wins for HR for 2021. Tip 1 – Performance Management Training Some companies have seen a spike in productivity and others have…
Read MoreDefending an Unfair Dismissal Claim – HR need to consider 3 main issues
An unfair dismissal claim has come across your desk. It has been given to the HR team to handle and hopefully the HR team have been involved with the situation prior to dismissal. What do you do now? Here are 3 quick considerations for HR: 1. What are the weaknesses in your defence? Consider the elements –…
Read MoreGetting a second job during COVID-19 – 3 Lessons for Employers
Employees getting second jobs. As Employment Lawyers we have been asked to advise on this issue which has now come before the Fair Work Commission. In order to adjust to COVID-19, many employers have required employees to work reduced hours. Positions which have previously been full-time have been varied to part-time, or even casual. Some…
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