Articles
Can Executive and Managers be covered under the SCHADS Award – 3 key considerations for Employers
Whilst NB Employment Law principally acts for employers, we have on occasion accepted matters from employees for charitable reasons. In this regard, we have recently prosecuted an application for unfair dismissal on behalf of an employee[1] (the Application) which may provide useful guidance for employers working under the Social, Community, Home Care and Disability Services…
Read More3 Points for Post-Personnel Contracting Clarity on Contractors
NB Employment Law has recently successfully defended an unfair dismissal application[1] (the Application) on two (2) separate jurisdictional grounds. We successfully argued the application had been commenced outside of the statutory time limit, and established the worker was an independent contractor as opposed to an employee. A unique feature of their relationship was the lack…
Read MoreCan your Behaviour be so Bad that you Write yourself out of a Will? Disentitling Conduct and the Forfeiture Rule
A will maker will usually be warned by their lawyer about the risks of not including an entitled person in their will. If an entitled person, spouse, child or dependent, is omitted, or not adequately provided for in a will then they may make a court claim for compensation against the estate. What a will…
Read MoreLeasing Premises for your Business? Do you Need to Pay the Lessor’s Mortgagee Consent Fees?
There are many costs to leasing a premises, not just rent and outgoings. One of these costs may include a lessor’s mortgagee consent fee. Not only is it important for lessees to be able to identify what this cost is, but it is important that both lessors and lessees be aware it is lawful to…
Read MoreUnderstaffing and Delays causing “Key Risks” for Employers – 5 Tips for Employers
Lack of retention and recruitment has become an all too familiar issue across a range of industries. Our Council clients are having staff issues that are similar to manufacturing companies, health practices and accounting firms. The COVID-19 Pandemic created a need for a number of new positions including contact tracing. There was high demand for these…
Read MoreBuilding and Pest Condition Explained – why you Should Engage a Lawyer to Assist you with your Purchase or Sale
The building and pest condition is an essential term of any residential contract. It gives the buyer crucial protection to exit out of the contract, if there is something wrong with the property that would be of significant cost to the buyer to fix. This article will discuss: each party’s obligations; how a party can…
Read MorePart 1 – Rescinding an offer of employment due to a criminal history is fraught with danger!
Criminal records and criminal history of an employee can be problematic for Employers to deal with. This issue comes up usually at two (2) main times: Providing or in the process of providing an offer of employment then rescinding this offer due to a criminal record or history A criminal history or record is either…
Read MoreProperty Searches – to Search or not to Search
Once a contract has been entered into and the buyer has satisfied all the key conditions of the contract, then the buyer’s solicitor will order settlement searches on the property. There are some searches the buyer cannot escape ordering, but there are a wide range of purchases that, depending on the law firm, are at…
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