NTEU opposes sessional teacher vote in enterprise bargaining

NTEU opposes sessional teacher vote in enterprise bargaining

The Federal Court has revoked a decision made by the Fair Work Commission (FWC) to approve the Swinburne University of Technology’s 2014 enterprise agreement (EA), due to the inclusion of casual or sessional employees in the voting process.

In February 2014 the University requested staff to vote in favour of the agreement, including individuals who had been engaged as sessional employees during the 2013 academic year. The University considered 2005 of the votes cast to be valid, and made an application to the FWC for approval based on a slim 57 majority votes in favour of the agreement.

Sladen Snippet – An expensive conversation – the dangers of verbal agreements

Sladen Snippet – An expensive conversation – the dangers of verbal agreements

A recent judgment of the New South Wales Supreme Court serves as an important reminder that verbal agreements can be just as enforceable as written agreements. In the case of Yulema Pty Ltd & Anor v Simmons & Anor [2015], the Supreme Court upheld contractual obligations imposed by a verbal agreement in October 2009. As a result, the defendant was required to pay the plaintiff approximately $350,000 plus interest from May 2011. It is significant to note that the Court upheld the agreement notwithstanding that one of the parties involved in the negotiations was unable to give evidence because they had passed away.

Sladen Snippet - Big payout the result of an employer’s failure to make reasonable adjustments

Sladen Snippet - Big payout the result of an employer’s failure to make reasonable adjustments

In a recent case in the Federal Circuit Court an employer; Corrective Services New South Wales, was ordered to pay a former probation and parole officer employed by it the sum of $180,000 plus interest as a result of discriminatory treatment of her.  The employee suffered from Crohn’s Disease and took sick leave on a number of occasions.

Sladen Snippet – Bill to extend application of unfair contract provisions to small business contracts

Sladen Snippet – Bill to extend application of unfair contract provisions to small business contracts

The unfair contract provisions under the Australian Consumer Law (ACL) provide that terms in “standard form” contracts that are “unfair” under the legislation can be declared void. The provisions apply to contracts for the supply of goods or services or a sale or grant of an interest in land for personal, domestic or household use or consumption. There are similar provisions in the Australian Securities and Investments Commission Act 2001  applying to the sale of financial products and services.

Sladen Snippet – The overuse and misuse of the “without prejudice” privilege

Sladen Snippet – The overuse and misuse of the “without prejudice” privilege

The phrase “without prejudice” is commonly overused and misunderstood. When using the phrase, people should be mindful that simply labelling communication “without prejudice” does not automatically guarantee the privilege. Rather, the surrounding circumstances and the content of the communication will be taken into consideration when determining whether the privilege applies.