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Refusal To Attend Investigation Interview Reasonably Leads To Dismissal

Khoder Abdulrahim v QBE Management Services Pty Limited (QBE) (2016), Mr Abdulrahim was a QBE employee and purchased a discounted motor vehicle insurance policy for his father’s car under QBE’s employee insurance program. Mr Abdulrahim made an insurance claim on behalf of his father, with the repairs for the vehicle…

Cautious Approach Required For Dismissal Based On Incapacity

In Maharaj v Northern Health (2017), a nurse suffered a car accident and was unfit for work for nearly 16 months. Her employer then terminated her employment on the basis that she had “significant restrictions” on her ability to perform her pre-injury job, or alternatively, that she was likely to…

Wrongful Dismissal May Impact Post-Employment Restraints

In Crowe Horwath (Aust) Pty Ltd v Loone (2017), the Victorian Court of Appeal confirmed that a restraint clause is not enforceable against an employee whose employment ends by the employer’s wrongful conduct. The employee was employed as an accountant, more specifically as a “Managing Principal”. The employment contract included…

Uncertainty of Dismissal – Worker Was Not Dismissed

The worker was employed as a full-time seasonal employee. He was working as part of the employer’s ski patrol team on a seasonal basis for 13 consecutive winters and prior to that worked for the employer as a volunteer member of the ski patrol team for two seasons. His employment…

Discretionary Trusts

If you have a family trust which owns or is purchasing residential land in NSW you may need to amend your trust deed to avoid a land tax and stamp duty surcharge applicable to foreign persons. On 21 June 2016, the NSW state government introduced surcharge purchaser duty and land…

Understanding unfair dismissal claims

Unfair dismissal matters can be complex and frustrating for both employers and employees alike. Since the commencement of the Fair Work Act in 2009, employers have had expanded responsibilities to ensure they correctly terminate employees and more employees are able to successfully make unfair dismissal claims. At the same time…

Buying a property – avoiding the traps before signing a contract

Buying a home is the biggest investment or financial outlay that most of us will make in a lifetime. It is critical to your financial future that you make well-informed decisions when you purchase a property, whether it be for your own home or an investment. The Contract for Sale…

Attention to Detail – Defects in Statutory Demands

A statutory demand is a useful way to exert pressure on a company to force it to pay its debts. However, a creditor using a statutory demand to quickly recover a debt can run into trouble if the legal requirements regarding the form and wording of the statutory demand are…

Enduring Powers of Attorney explained

A lot of people have heard of a Power of Attorney however most do not fully appreciate the extent of its power, the benefits it delivers or the types of Powers of Attorney that exist. A Power of Attorney is a useful legal document used to allow someone to handle…