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Employer’s OH&S Duties To Employees Who Work From Home

This article deals with the following questions: When does an employer owe a duty with respect to occupational health and safety to employees who work from home? What are those duties under the OHS Act 2004? What can or should an employer do to fulfil any obligation owed to employees who work from home? Do [...]

2018-02-19T23:24:04+00:00February 19th, 2018|Business Advice, Compliance, employees, Employment Law|2,655 Comments

Employment Law Case Study: Unlawful Dismissal

Terminating employees during their probation period can still result in damages if the general protections provisions of the Fair Work Act are breached Terminating employees who are not suitable for the business during the probationary period is a sensible thing to do, however, employees may still be able to claim that their employer breached the [...]

2018-02-12T06:39:05+00:00February 12th, 2018|Business Advice, Compliance, employees, Employment Law|99 Comments

It’s More Expensive When It Rains

Is discriminatory pricing illegal? Should it be? Every lawyer can complete the question ‘is it legal if…’ with an anecdote that could find its place in a deck of Cards Against Humanity. On occasions, however, a question comes along that, because of its obscurity or significance, worms its way into the lawyer’s mind where it [...]

2018-02-06T23:51:07+00:00February 6th, 2018|Business Advice|499 Comments

When Heads of Agreement Fail

THE RECENT CASE OF CASDAR PTY LTD V JOSEPH FANOUS[1] reminds us of the hazards of non-binding and informal agreements. In that case, a Landlord, relying on a signed Heads of Agreement as the source of his rights, sought damages against a tenant. The court dismissed the claim on the basis that the Heads of [...]