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    Philip van den Heever

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    A major shock for employers of casual employees

    By Philip van den Heever on May 25, 2020 10:41:31 AM

    In the last week there has been a significant decision that has come as a major shock to employers of casual employees. In the case of Workpac v Rosatto, the Full Bench of the Federal Court of Justices Mordy Bromberg, Richard White and Michael Wheelahan found that even though Mr Rossato was on paper a casual employee, the evidence suggests that his employment was 'regular, certain, continuing, constant and predictable', and he was given rostered shifts well in advance, and as such, he was eligible to entitlements that full time employees receive.

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    JobKeeper: What you need to know

    By Philip van den Heever on Apr 16, 2020 12:49:14 PM

    Last week, Parliament passed legislation making changes to the Fair Work Act 2009 to accommodate the JobKeeper wage subsidy announced the week before.

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    ABC Learning Centres: why corporate governance matters

    By Philip van den Heever on Dec 18, 2019 10:50:24 AM

    ABC Learning Centres was the biggest childcare company in the world. From humble beginnings in Brisbane in 1988, it grew to 43 centres in Australia at the time it was listed on the Australian stock market. Between 2001 and 2007 the company acquired a further 2195 childcare centres across Australia, New Zealand, the UK and the United States.

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    The global market: no longer a choice

    By Philip van den Heever on Dec 13, 2019 11:09:06 AM

    Michael R Czinkota, former Deputy Assistant Secretary of Commerce in the United States Department of Commerce said this:

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    How the law protects minority shareholders

    By Philip van den Heever on Nov 21, 2019 12:47:54 PM

    Most Shareholder Agreements provide that Companies are controlled by a shareholder (or a group of shareholders) that holds a majority of the shares in the Company.  These Agreements allow majority shareholders to appoint directors and control many other company activities including the day-to-day operation of the business, payment of Dividends or Dividend distribution policies, financing policies and, in most instances, the issuing of new shares.

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    How do sports contracts work?

    By Philip van den Heever on Oct 10, 2019 3:47:46 PM

    Whether you are a netball, NRL or AFL fan, this time of year is full of legendary weeks of grand finals. Watching Richmond smash our local GWS team to win the AFL grand final and witnessing the Roosters win the NRL competition, one couldn’t help but admiring the skills, fitness and talents of the players to perform at the highest levels of their chosen sports.

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    Firing the 'Unfireable': How to dismiss someone and not get sued

    By Philip van den Heever on Sep 23, 2019 2:52:23 PM

    Last week Frank Law presented a seminar entitled: Firing the ‘Unfireable’: How to dismiss someone and not get sued.

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    Age Discrimination or Inherent Requirements?

    By Philip van den Heever on Sep 10, 2019 11:22:34 AM

    Compulsory retirement is when an employer forces an employee into retirement by either;

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    Major changes to sick leave accrual system

    By Philip van den Heever on Aug 21, 2019 4:47:27 PM

    In the decision of Mondalez v AMWU [2019] FCAFC 138 handed down 21st August 2019, the Court has fundamentally changed the way many Australian employees are entitled to accrue sick leave. 

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    How To Hire Overseas Employees

    By Philip van den Heever on Mar 26, 2019 12:18:27 PM

    Australian businesses are increasingly engaging workers overseas attempting to overcome skill shortages or simply lowering labour costs. Opening offices overseas or establishing overseas joint ventures usually involves Australian companies sending Australian management overseas and then, along with hiring local workers, establishing overseas branches to assist in their Australian operations. But advances in technology are progressively making it unnecessary for Australian businesses to relocate employees overseas, they can simply ‘hire and fire’ overseas workers from the comfort of their Sydney-based HQ offices.

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