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Monthly Archives

April 2022

You’re dismissed…or maybe not: when a demotion may not amount to a dismissal EmploymentHRLaw
18 April, 2022

You’re dismissed…or maybe not: when a demotion may not amount to a dismissal

In a recent decision, the Fair Work Commission Full Bench (FWCFB), in considering the meaning of “dismissal” under section 386 of the Fair Work Act 2009 (Cth) (FW Act), has found that a 10% salary reduction did not amount to a dismissal. Following an investigation into allegations of misconduct, NSW…
Security of Payments
Dealing with ipso-facto clauses and step in rights in construction insolvencies Commercial
12 April, 2022

Dealing with ipso-facto clauses and step in rights in construction insolvencies

What you need to know The construction industry is currently experiencing a high number of insolvencies. Various moratoria arise on a builder entering into external administration which can impact upon the rights that can be exercised by developers, sub-contractors and suppliers. Amongst other restrictions, this includes prohibitions on counterparties taking…