Legal Updates

Dismissing an Employee by Text is not on!

Delivering a DCM (Don’t Come Monday) message to an employee by text message is poor form and the Fair Work Commission (FWC) has confirmed that “basic human dignity” requires that a dismissal be conveyed personally. In Thai v Email Ventilation Pty Ltd [2019] FWC4116, an employee who was terminated by text message was found to…

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You don’t have to be a Masterchef to slip up!

The Fair Work Ombudsman (FWO) recently announced that celebrity Chef George Calombaris’ hospitality empire ‘MAdE Establishment Group’ would backpay $7.8 million in wages and superannuation, plus a $200,000 “contrition payment”.  The announcement followed an investigation into underpayment of wages affecting approximately 500 employees over 6 years across the restaurant chain. Calombaris was a director of…

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New gift card expiry laws – are you affected?

Last December there was a subtle change to the law around gift cards and vouchers in South Australia. These must now have an expiry date of at least 3 years from their date of issue. The new law targets the familiar ‘monetary gift card’, such as a Coles Myer voucher, Woolworths e-gift card, etc.  Apple…

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Family Trusts – Challenging Trustees’ Discretionary Decisions

In a legal update last year, I wrote about the case of Mercanti v Mercanti on the matter of control and succession of discretionary family trusts.  That illustrated an example where a challenge to the passing of control was unsuccessful. In a recent  Supreme Court of Victoria decision of Trani v Trani decided in 2018,…

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IT’S STARTED! Are you ready? Aged Care Royal Commission is underway.

The Government announced a Royal Commission into the Aged Care sector on 16 September 2018. The first tranche of letters to the sector’s largest 100 Providers have now been sent. This correspondence seeks responses to a series of questions relating to internal quality and safety practices, with responses due by 7 January 2019. The remaining…

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