In a recent case, a manager of an engineering and construction company and his team were finishing a major project. The manager suggested to the company’s CEO that he take the team out for lunch to celebrate. The CEO agreed to the lunch but specified a no-alcohol policy due to company rules and the dangers involved with driving company cars back to the factory. Nevertheless, some employees consumed alcohol, including the manager himself. Read more
Most businesses in NSW are required by law to obtain workers compensation insurance to protect themselves from the costs of workers compensation claims. Workers' compensation insurance covers employees who have been hurt at work. Workers' compensation covers weekly wages, medical and hospital expenditures, as well as several other benefits to assist injured workers in recovering and returning to work. Read more
A man (“the purchaser”) bought a property and negotiated a 13-month settlement period. The contract included a clause that said that if a party became mentally ill they could pull out of the contract. The purchaser took possession of the land before settlement, and everything appeared to be going smoothly. The purchaser himself was a savvy investor because he already had 8 properties to his name. Read more
An employer was involved in providing apprenticeship opportunities to young workers. The company engaged a 16-year-old high school student for work experience to see if it would take him on as an apprentice. The student was keen and seemed to show potential. Read more
Restraint of Trade Clauses can also be applied between businesses. This is often the case when one business is split into two businesses, or in Joint Venture Agreements where two businesses agree to co-operate on a project. A recent NSW Supreme Court Case involving flower wholesalers has shown how Restraint of Trade Clauses will not always be enforced by Courts. Read more
In a recent case, a landlord owned and operated a large shopping centre. The landlord engaged a security company to provide security for the premises. This security company sub-contracted the responsibilities to another security company who employed a man to guard the shopping centre. This man was made familiar with various manuals which covered his role and outlined responses to specific incidents like armed persons and robberies. Read more
Not having a properly drafted contract is risky, particularly when the good faith on which the relationship was built disappears, and the relationship ends. That is when a clear and concise written agreement, which sets out the rights and obligations of the parties, is invaluable. Read more
COVID-19 vaccines are now approved for use in Australia. The question of whether these vaccines can be made compulsory for employees will be important. A recent case may give some guidance. Read more
You may be looking for premises and get offered some space available on a “sublease”. This is common at present because more businesses than ever have employees working remotely from home, and so they have too much floorspace. Subletting the excess space will allow them to recoup some rent during the balance of the term of their lease. Read more
Cybercrime represents a major threat to all businesses. Here are the top 9 things to consider with respect to cybercrime. Read more