Should I put an employee on Gardening Leave following resignation?
Gardening leave is when an employee is directed to not attend work, but to remain available to perform normal duties as required. This prevents an employee from engaging in undesirable...
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How to handle social media defamation
Has defamatory material been published about you on social media? There are important things you should do immediately to properly protect your interests.
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How a judge assesses contributory negligence in a motor vehicle accident
On 29 June 2014 a motorcycle ridden by the claimant collided with a car driven by the defendant. The car was in the process of turning right into the driveway...
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Are you entitled to annual leave?
Employers with casual employees need to ensure that these arrangements are properly documented, particularly if the employment is regular, systematic and long-term. Otherwise, the employer may face the prospect of...
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Dismissing Employees on Medical Grounds: What to consider
Employers need to make sure the medical reports they rely on when dismissing employees on medical grounds will stand up to the scrutiny of the Fair Work Commission. A recent...
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Misleading and deceptive conduct in recruitment
When recruiting in Australia, employers must be careful of making misleading and deceptive statements when talking to applicants pre-employment. Examples of misleading and deceptive conduct are contained in section 31...
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The procedure for NSW Family Provision claims in 2018
Claims for family provision are managed in the Supreme Court in accordance with the Family Provision Practice Note which sets out the procedure to be followed and is divided into...
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Right of termination in a contract: A $146,000 reason to use caution!
When adding a right of termination to a business contract, it’s vital to have a lawyer draft the agreement in clear terms. A good example to keep in mind is...
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4 of the most common issues in business contracts
Every business will have to make new contracts at some stage, and the consequences of getting them wrong can be huge. What issues should you look out for?
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Probation periods and minimum employment periods
If you are a business owner and you think it is safe to dismiss an employee during a probation period… think again. There is a common misconception that if an...
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