Author: Angelo Venardos

10 August 2017

Casuals converting to permanent employment – can it be done?

The Fair Work Commission reviews modern awards every 4 years to make sure the awards continue to provide a fair and minimum safety net to employees. In the most recent review, the Fair Work Commission decided that all awards should provide a right for casual employees to convert to part-time or full-time permanent employment in […]

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23 May 2016

Unfair Dismissal is no child’s play

At Kirralee Kindergarten, a teacher was dismissed after children escaped from the kindergarten. The teacher made an unfair dismissal application and the Fair Work Commission found that the dismissal was unfair. Background Three days prior to the dismissal, two young children escaped from the kindergarten without detection and walked down the street to a nearby […]

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21 March 2016

Implementing Redundancy Schemes

In the recent case of CFMEU v Port Kembla Coal Terminal Ltd (No 2) [2015] FCA 1088, the Federal Court reiterated the importance of adhering to procedural fairness and both statutory and contractual compliance in the implementation of redundancy schemes. In this case, Port Kembla Coal Terminal (PKCT) was accused of abolishing a Long Term […]

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8 March 2016

What relevance does malicious intent have on defamation proceedings?

It is often the case that my clients ask this very question. Unfortunately, it is common for perpetrators to be motivated by malice when publishing defamatory material and proof of a malicious intent serves to render useless some of the defences that could be relied upon by a defendant in defamation proceedings. How to prove […]

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2 March 2016

What effect does external administration have on legal proceedings?

Under the Corporations Act 2001 (the Act) there are several provisions which have the effect of preventing an entity from continuing or commencing legal proceedings against a company in external administration. Voluntary Administration Section 440D of the Act states that: During the administration of a company, a proceeding in a court against the company or […]

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8 January 2016

Dick Smith appoints an external administrator

This week, Dick Smith went into voluntary administration which raises questions about what will now happen to the consumers and creditor’s of Dick Smith. What is voluntary administration? Voluntary administration is a process whereby an “external administrator” is voluntarily appointed by a company to manage its affairs, in the hope that the company will ultimately […]

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17 December 2015

Keeping in touch with an employee on parental leave

All employees in Australia are entitled to parental leave provided that they have worked for their employer for at least 12 months. For casual employees to be eligible for unpaid parental leave they need to have: been working for their employer on a regular and systematic basis for at least 12 months; and have a […]

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29 October 2015

Can a company sue for defamation?

Companies are regarded as separate legal entities by law and are entitled to sue for defamation in certain circumstances. Section 9(1) of the Defamation Act 2005 (Qld) (“the Act”) states that, “ A corporation has no cause of action for defamation in relation to the publication of defamatory matter about the corporation unless it was […]

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8 October 2015

Does leave accrue while an employee is absent from work and receiving workers’ compensation?

When an employee is absent from work and receiving compensation due to a work-related injury, there can often be confusion as to whether an employee’s leave has accrued over that period of time. While it may seem obvious that while an employee is absent from work, he or she cannot accrue any time towards annual […]

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1 September 2015

Potential Changes to Paid Parental Leave

The Fairer Paid Parental Leave Bill 2015 (“the Bill”) proposes critical changes to the current Paid Parental Leave Scheme. These changes could have a significant impact on both employers and employees who utilise the current scheme. What is the current scheme? The current Paid Parental Leave Scheme offers employees who take leave for parental duties, […]

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