Purchasing a commercial property can be a significant financial investment for a buyer. In order to protect his or her potential investment, a buyer should take steps to investigate the risks of acquiring a commercial property and how to reduce those risks where possible. An important step is to gather as much information as possible […]
Much damage can be done to a business where an executive or senior manager resigns taking valuable customer information and confidential information. Restraint of trade clauses, or post-employment restraints, play a crucial role in protecting the legitimate interests of the employer. In order to protect business interest’s employment contracts should contain protections which operate after […]
An estate plan involves more than signing a Will and leaving it in a safe place. An effective estate plan requires consideration of several matters and ongoing review to ensure it reflects your testamentary wishes and covers unexpected events. I have a Will – isn’t that an ‘estate plan’? A Will is a great start […]
A co-owner is a person who owns land with one or more other owners. Co-owners may hold land as joint tenants or tenants in common. The way land is held is important in property law as it impacts on the way it can be dealt with generally, and what happens after the death of a […]
A Self-Managed Superannuation Fund (SMSF) is a type of superannuation structure that allows members to control and manage their own funds. Unlike other superannuation funds, members have autonomy over the choice of investments they can make. A SMSF must comply with the requirements of the Superannuation Industry (Supervision) Act 1993 (Cth) and relevant tax laws. […]
As an employer, you do not have an automatic right to terminate an employee if they refuse to work a public holiday. The decision by Fair Work Australia in the case of Steven Pietraszek v Transpacific Industries [2011] addressed this question. The case considered a situation where an employee did not work Christmas and Boxing […]
Many industries require employees to work public holidays. For example, retail workers for boxing day sales or hospitality workers for Christmas or New Year’s Eve parties. It is essential that employer’s your employees’ rights around public holidays and your obligations as an employer. First, confirm what award or enterprise agreement applies to the employee. For […]
Often employees do not have sufficient annual leave accumulated to take annual leave during the Christmas and New Year period. If an employee has not accrued sufficient annual leave, then the employer should refer to the award or enterprise agreement relevant to the employee as this will determine the process by which the employee can […]
With Christmas fast approaching many employees will be submitting Christmas leave requests to employers. There are a number of questions that employees will have to consider in relation to annual leave during the Christmas and New Year period. Some typical questions include: whether you can force employees to take unpaid leave during the shutdown; what […]
It will not be long until work Christmas parties are held to celebrate the end of the working year. However, this time of year often leads to an increase in employment related complaints. The alcohol fueled parties often lead to workplace injuries or inappropriate behaviour, such as sexual harassment, discrimination or bullying. Employers are legally […]