In the recent decision of Tamati v MQT Pty Ltd , the Fair Work Commission found that an employee’s dismissal for refusing to take an alcohol breath test was unfair because the employer’s drug and alcohol policy was unclear and had not been properly applied.
Builder’s side deeds offer a lender assurances in a variety of contexts, including where there is a default or insolvency on the part of a borrower that would give rise to a termination right under a construction contract between the borrower and a builder.
Artificial intelligence is beginning to appear in Australian courtrooms. While it may create efficiencies, recent cases show the real dangers of lawyers or parties relying on it too heavily.
Parents often clash over which school their child should attend. Courts avoid ranking schools and instead focus on what best serves the child’s interests.
In the landmark decision of Fair Work Ombudsman v Woolworths Group Limited, the Federal Court found that set-off clauses in employment contracts will only validly discharge award entitlements if the payment under the clause occurs within the same period those entitlements are earned.
Understanding how your not-for-profit handles personal information is crucial to maintaining trust and meeting legal obligations. Not-for-profits may be required to comply with the Privacy Act and practical guidance is available on how to protect personal data, manage breaches, and work with third parties to safeguard privacy and strengthen community confidence.
Parenting orders do not bind schools. It is important for parents to understand the limits of what schools can and cannot do when it comes to enforcing family law orders.
A year since many of the changes from the Closing Loopholes legislation came in effect, here are the key takeaways for employers.
Parties have always contested the use of ‘add-backs’ in property settlements. Recent legislation changes and case law clarify how the court now approaches this issue.
Qantas has been ordered to pay the ‘largest fine in Australian industrial relations law history’ for illegally sacking 1,820 of its employees during the COVID-19 pandemic.
Recent amendments to the Family Law Act 1975 (Cth) recognise the growing awareness of the subtle yet damaging nature of coercive control and the need to holistically consider its impact on property settlements following separation.
In a major decision, the High Court has confirmed that, when assessing redeployment, employers need to consider whether they can make changes to how they use their workforce.