Queensland has lifted restrictions on attending the office, encouraging workers to speak with their employer about a safe return to work.
In a recent decision, a holding company of a group of companies was held to be the ‘true employer’, despite its subsidiary being documented as the ‘employer of record’.
On 28 May 2020, the Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency Response) Regulation 2020 (Qld) (the Queensland Code) was passed. It gives legal effect to the National Cabinet Mandatory Code of Conduct – SME Commercial Leasing Principles During COVID-19 (the National Code) in Queensland.
In what is being described as employees ‘double dipping’, the Full Federal Court’s recent decision in Workpac v Rossato confirms that an employee who is paid a casual loading on the misunderstanding that they are a casual employee, may also claim permanent entitlements such as paid annual leave and personal leave.
In the recent case of Latimore Pty Ltd v Lloyd [2020] QSC 136, the Queensland Supreme Court ruled that the buyers’ termination of a residential contract was premature after the seller allegedly failed to comply with an essential term.
Allegations that an employer failed to undertake a risk assessment and prepare a documented system of work are a feature of most common law work claims.
The duty owed by retailers and shopping centre operators to prevent slips and falls is a very high one. However, the recent decision of Carnemolla demonstrates that where a defendant has a good defence supported by a detailed incident report they can still win.
The COVID-19 pandemic has dramatically increased an already significant trend of workers working from home. This blurs the line between what occurs in the course of a worker’s employment and their personal life.
With 30 June fast approaching, it is time to start considering trustee distribution resolutions. For those many trusts that have made a family trust election (FTE), getting trust distributions wrong can have major implications.
A company in liquidation served a creditor’s statutory demand for debt where there was a genuine dispute about the existence of the alleged debt.
Changes were made to the Justice Legislation (COVID-19 Emergency Response-Wills and Enduring Documents) Amendment Regulation 2020 (Qld) last week to extend the operation of that regulation to the signing of deeds.
Trustees of discretionary trusts and many unit trusts that distribute capital gains to non-resident beneficiaries will need to include these capital gains in their assessable income.