Norman Waterhouse
   
Norman Waterhouse

 

 

Normans Briefly

In this issue

Welcome to the October edition of our Corporate and Commercial Briefly.

>   Human Resources Masterclass
>   Employment - The process of determining what constitutes a ‘genuine redundancy’
>   Corporate & Commercial – Amendments to PPS lease provisions in the Personal Property Securities Act
>   Employment - Injunction granted for breach of restraint of trade

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Human Resources Masterclass

In response to our recent survey, Norman Waterhouse Lawyers and Balance Human Resource Consulting will be combining their expertise for a Human Resources Masterclass, a workshop aimed at presenting practical solutions to ensure legal compliance.

The Masterclass will focus on two key areas:

The Return to Work Act 2014 (SA)

Reading, interpreting and applying the law can be tough, particularly when laws are new and there is no legal precedent to provide guidance. We will provide a practical interpretation of the new regime, with particular focus on managing claims, and implementing and evaluating realistic rehabilitation and return to work plans;

How to conduct a workplace investigation

We will show you the ‘how to’ and then apply that theory in a facilitated workshop. It will be a great opportunity to demonstrate skills, discuss your experiences and learn from fellow practitioners. Practitioner participation in the first session will count toward one unit of a Certificate IV Work Health and Safety qualification.

Friday, 6 November 2015
Mayfair Hotel, 45 King William Street, Adelaide
Registration at 9am, for 9.30am start, concluding at 3.30pm
$195 + GST

Please click here to register.



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Employment - The process of determining what constitutes a ‘genuine redundancy’

The question above seems straightforward. You may even have an answer for it. Section 389 of the Fair Work Act 2009 (Cth) (the FW Act) sets out two limbs to determine if there is a case of ‘genuine redundancy’.

Section 389(1) of the FW Act stipulates that a worker’s dismissal is a case of genuine redundancy if:

  1. The worker’s employer no longer required the worker’s job to be performed by anyone because of changes in the operational requirements of the employer’s enterprise; and
  2. The employer has complied with all consultation obligations in relation to redundancy stipulated in the relevant award or enterprise bargaining agreement.

Please click here to read more.



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Corporate & Commercial – Amendments to PPS lease provisions in the Personal Property Securities Act

As of 1 October 2015, the Personal Property Securities Act (PPSA) has been amended so that leases of serial numbered goods for a period of less than one year are no longer deemed to be Personal Property Security (PPS) Leases. This means that businesses in the leasing industry will no longer be required to protect their interests in respect of these leases by registering them on the Personal Property Security Register (PPSR).

Background

Previously, the PPSA provided that an interest in respect of a PPS Lease is a security interest which requires registration on the PPSR. The previous provisions of the PPSA defined a PPS Lease to be:

  • a lease or bailment of goods for more than one year;
  • a lease or bailment of goods for an indefinite term; or
  • a lease or bailment of serial numbered goods for 90 days or more.

Please click here to read more.



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Employment - Injunction granted for breach of restraint of trade

It is common knowledge in the field of industrial relations that restraints of trade in an employment context are notoriously difficult to enforce. There is a presumption that any contractual provision that restrains trade is prima facie - void. This is because a party has to satisfy the court that the restraint clause is enforceable and that there is a breach of the restraint.

The presumption can be rebutted by proving that the restriction is ‘reasonable’ by reference to the interests of the parties. The party seeking to enforce the restraint, which is most often the employer, bears the onus of proving that the restraint is enforceable. If justified, the court has the power to grant an interlocutory injunction to enforce the restraint.

Please click here to read more.



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