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Swaab Attorneys
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Tel: +61 2 92335544
Fax: +61 2 92335400
Level 1, 20 Hunter Street
NSW 2000
By Michael Byrnes
Category 1 is when a duty holder recklessly exposes a person to whom a duty is owed to a risk of death or serious injury.
By Michael Byrnes
When a social media conduct complaint or issue is raised, the way to address it will depend upon the facts of the case.
By Simon Obee
Consultation would not have produced a different conclusion, so the dismissal was not unfair by the failure to consult.
By Simon Obee
Regular and systematic service as a casual does count when calculating redundancy (if that employee becomes permanent).
By Simon Obee
If an employee is paid annual leave loading during employment, it is also paid when calculating leave on termination.
By Simon Obee
A matter that frequently causes confusion in the area of employment law is the interplay between notice and annual leave.
By Simon Obee
An employee who is in receipt of workers compensation in NSW, is also entitled to take and accrue annual leave.
By Eric Ziehlke
Your website can represent a significant danger to your own IP and a potential source of exposure to litigation by others. .
By Michael Byrnes
The decision particularly examines what constitutes "reckless" for the purpose of the penalty provisions of the WHS Act.
By Simon Obee
As part of our series on odd and unusual terms in modern awards, these are more quirky clauses that employers may miss.
By Michael Phillips, Nicholas Mark
The Regulations have been promulgated and the government proposes to extend the CSF Regime to proprietary companies.
By Michael Byrnes
FWC takes a "substance over form" approach in considering job titles and their relevance for a particular modern award. .
By Michael Byrnes
The case considered the issue of car allowances to determine the annual rate of earnings for unfair dismissal purposes.
By Simon Obee
It is strongly advisable for employers to consider all other alternatives before taking action to dismiss an employee.
By Richard Ottley
Employers should be careful about how they react to employees who submit a resignation "in the heat of the moment".
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