News

FWO Strikes First Blow In Spotless “Ordinary And Customary Turnover Of Business” Challenge

The long-standing question regarding when the ordinary and customary turnover of labour exception applies for employers to avoid paying redundancy entitlements remains unclear. An industrial battle remains over the words “ordinary and customary turnover of labour”.

In the recent decisions of United Voice v Berkeley Challenge Pty Ltd and FWO v Spotless Services Australia, the Federal Court has applied two different legal tests, creating uncertainty in the law.

MST Lawyers’ Overview of The Fairness in Franchising Report

The Parliamentary Joint Committee on Corporations and Financial Services on 14 March released its long-awaited report into Franchising. Franchisors should be cognisant of the recommendations made in this lengthy report and consider whether their business model needs adjustment to reflect the potential impact of the proposals and best practice generally. MST Lawyers have broken down the report highlighting some of the key recommendations.

Court of Appeal Confirms Services to be Provided under Consumer Guarantees Not Limited by Contractual Obligations

In the recent decision of Scenic Tours Pty Ltd v Moore [2018] NSWCA 238, a decision by the Court of Appeal partially found that a luxury travel company was liable for breaches of consumer guarantees under the Australian Consumer Law. This decision overrode the travel company’s contract limiting its liability to clients.

The decision also clarified when damages for disappointment and distress would be available to claimants under the Australian Consumer Law.

The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry – Observations by an Employment Lawyer

The recently announced Banking Royal Commission recommendations are expected to send seismic waves throughout the banking, finance, insurance and superannuation industries.

If you suspect that your business will likely be affected by any of the recommendations, it’s possibly time to start thinking about potential workplace changes and employment law issues.