201511.03
0

Failing to Acknowledge a Social Media Workplace Policy May Lead to Dismissal

In Pearson v Linfox Australia Pty Ltd[2014] FWC 446, Commissioner Gregory of the Fair Work Commission (the “FWC”) recently upheld the dismissal of Mr Pearson, an employee of Linfox Australia Pty Ltd (“Linfox”), for failing to acknowledge his understanding of the Social Media Workplace Policy implemented by Linfox(the “Social Media Policy”). Mr Pearson argued that…

201511.03
0

Am I An Independent Contractor?

In gaining work you may find yourself being labelled as an independent contractor, but what does that mean and are you really an independent contractor? People regularly find themselves confused as to why they may be called an independent contractor when a fellow co-worker is being labelled an employee. This confusion stems from both workers…

201511.03
0

A positive obligation of redeploying a redundant employee

Employers must be mindful of its obligations under the Fair Work Act 2009 (Cth) (the “Act”) when terminating an employee by way of redundancy. In the case of Ulan Coal Mines Ltd v Honeysett and others [2010] FWAFB, a mining company dismissed ten employees on grounds of redundancy. Four of those employees claimed it was…

201510.27
0

Employee Share Schemes – ‘Golden Handcuff’ or Reward for Past Services?

This is our second article in our series of articles on Employee Share Scheme (“ESS”). The characterisation of ESS has affected whether benefits under option schemes should proportionately reflect the period of employment during the operation of scheme. The case of Canizales v Microsoft Corporation (2000) 99 IR 426 (‘Canizales’) involved a Microsoft executive from…

201510.27
0

Employee Share Schemes – Introduction

Are you an employee being invited to participate in an employee share scheme? Or perhaps you are an employer considering an employee share scheme as part of the remuneration package offered to employees. If so, read our three article series to get an overview of employee share schemes (“ESS”). ESS enable employers to remunerate their…

201510.20
3

Convertible Notes – Issues in Insolvency – MurdockCheng Legal Practice

Convertible Notes – Issues in Insolvency – MurdockCheng Legal Practice Have you ever wondered what a convertible note is or whether it is suitable for your company to issue them? Or how they operate when a company becomes insolvent? A convertible subordinate loan note (“convertible note”) is a short term debt security that carries a…