What will the court look for? When determining whether or not there is a binding contract the court will look objectively at the broader context of the emails and the intention of the parties, including: whether there is any indication that the parties intended to be...
What you should think about before entering into a medical centre lease Considering establishing a medical practice? An important step will be finding suitable premises from where to operate, which usually involves entering into a lease of a medical centre. Entering...
When is an Independent Contractor an Employee? Recent media interest in the prospective class action against Appco Group Australia raised the difficult issue of when is an independent contractor actually an employee? From an employer’s perspective, it may in certain...
The Federal Circuit Court of Australia has ordered that Windaroo Medical Surgery pay a pecuniary penalty of $39,600 for acting in contravention of sections 343 and 340 of the Fair Work Act 2009 (Cth). The unlawful conduct included: making the following threats to...
Being prepared will not only avoid costly delays but could also maximise the value. Here are some tips to assist you in preparing to sell a dental practice …. Make sure your Lease has enough time left to run If you lease your dental practice premises it is important...
Reasonable Management Action Trumps Bullying Claim A manager recently was successful in satisfying the Fair Work Commission that anti-bullying orders were not required because his actions were, on the whole, reasonable and lawful management actions. The employee had...
Accessorial Liability and HR Advisers – Don’t Get Caught in the FWO’s Net In a recent speech to the Australian Human Resources Institute, the Fair Work Ombudsman (FWO), Natalie James, warned people working in human resources management and recruitment that they could...
Are you across your health and safety responsibilities in the workplace? Generally, the Occupational Safety and Health Act 1984 (WA) (the Act) and supporting regulations and codes set out responsibilities applicable to all persons in the workplace in Western...
Updated Workplace Bullying Prevention and Management Guides Safe Work Australia have published updated versions of their anti-bullying guides. The two publications, “Guide for preventing and responding to workplace bullying” and “Dealing with workplace bullying – A...
Recent decision of interest: Interim anti-bullying orders to deal with picketing The Fair Work Commission has issued interim anti-bullying orders in a Melbourne Brewery dispute to stop five replacement workers from being approached or harassed by picketers. The...