Author: Angelo Venardos

17 September 2014

High Court finds that there is no implied term of mutual trust and confidence

This week, the High Court held that there is no common law term of mutual trust and confidence implied into Australian employment contracts. In Commonwealth Bank v Barker, the five members of the High Court found that it was wrong to conclude that the implied term of mutual trust and confidence had become part of […]

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27 August 2014

The price of sexual harassment

If anyone has been ignoring sexual harassment in the workplace, the case of Vergara v Ewin (FCAFC) should cause everyone to start taking the issue seriously. It’s no longer just about unwanted behaviour around the office that employers need to be worried about. What staff get up to outside office hours should be of equal […]

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12 August 2014

Are trust assets safe if a corporate trustee is liquidated?

The answer is no. In the recent Federal Court of Australia decision of Kitay, in the matter of South West Kitchens (WA) Pty Ltd [2014] FCA 670 (“the decision of Kitay”) the Federal Court held that a liquidator of a corporate trustee could sell the trust assets without first obtaining a court order. In the […]

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16 July 2014

Fair Work Commission Cuts Penalty Rates in the Restaurant Industry

Lately, there has been much debate around the issue of penalty rates on Sundays and public holidays, particularly over the Easter holiday season, when many business owners indicated that engaging a casual employee to work over the long weekend would cost them up to $45.00 per hour. Exorbitant public holiday penalty rates seem to be […]

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19 June 2014

Update on the Stop Workplace Bullying Laws

The new bullying laws have now well and truly come into effect and the Fair Work Commission has been exercising its powers to stop workplace bullying. The first Fair Work Commission conference made the new laws. The facts of the dispute which resulted in the first conference lead by the Fair Work Commission, including the […]

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20 May 2014

US Foreign Accounts Tax Compliance Act in Australia

On 28 April 2014 Australia signed an Intergovernmental Agreement with the United States which provides that Australia will comply with the provisions of United States legislation, the Foreign Tax Accounts Compliance Act (“FATCA”). What is the Foreign Tax Compliance Act? FATCA is United States legislation which commenced approximately in March 2010. FATCA creates an information […]

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1 May 2014

Two or More Strikes and You’re Out

The Australian Securities and Investment Commission (“ASIC”) announced yesterday that popular Masterchef host Justin North and his wife Georgina North have each been banned from managing any company for a period of 2 years and 18 months from 4 April 2014. Norths Companies in Liquidation A string of companies of the Norths’ that conducted business […]

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7 March 2014

Payroll Tax – Who is an employee?

In the recent decision of Freelance Global Ltd v Chief Commissioner of State Revenue, the Supreme Court of New South Wales ruled that Freelance Global Ltd (“Freelance”), a company which described itself as a specialist in facilitating work for independent contractors, was an “employment agent” for the purposes of payroll tax. The case highlights the […]

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7 January 2014

Two sides to every story

I recently read the case of Alexander v Cappello & Anor [2013] FCCA 860, where an employer told his employee that there were always “two sides to every story” when she complained about being sexually harassed. The employee won more than $100,000 in damages when her employer sacked her for complaining about sexual harassment. The […]

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19 December 2013

With or Without Prejudice?

In the recent unfair dismissal case of Hammerton v Knox Grammar School [2013] FWC 9024 the Fair Work Commission ordered the production of “without prejudice” documents. The relevant documents were issued during settlement negotiations between the parties. Ms Hammerton (the applicant), argued that she was forced into resigning during the said negotiations and was therefore, […]

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