Welcome to our August newsletter for clever business operators. This month’s distractions include the Olympic Games (we’re still getting over our sleep deprivation from the Tour de France!), Pokemon Go and the ongoing saga of US politics. If you manage to avoid these three you’ll have an extra 8 hours a day to devote to business.
Our work this month includes assisting some clients manage bank claims arising out of timber plantation investment schemes, proving employers with advice about unfair dismissal claims and redundancies and putting together a shareholder agreement for a new real estate business.
In other news…
Director Personal Liability for Employee Entitlements
In this recent Federal Circuit Court decision the court ordered the director to personally pay compensation and penalties for his involvement in underpayment of award entitlements. This is another example of the court’s looking behind the corporate veil to hold individual directors accountable for their company’s conduct. It is important that employers are alert to their obligations under the Fair Work Act but also that company directors are alert to the possibility of personal liability in certain circumstances.
A new parliamentary inquiry is being conducted in Victoria that will review whether regulations for ride sourcing services such as Uber should be in place and, if so, how they should be structured. The inquiry will also look at remuneration and workplace rights for the drivers.
The Economy and Infrastructure Committee is requesting submissions from the public which will be open until 8 August 2016 and then they expect to release their report in early December 2016.
Click here for more information.
ANZ Bank Fees - High Court Ruling
A six year court case has recently come to an end when the High Court ruled in favour of ANZ bank regarding bank fees for late payments of credit cards.
The key element that had to be decided by the court was whether late fees between $20-$35 were properly characterised as an unfair penalty. The court also rejected an appeal that the alleged late payment fees amounted to unconscionable conduct, unjust transactions or unfair contract terms.
Earlier this year NAB had settled a similar class action for $6.6 million pending the decision in this matter.
Click here to read more.
Where do we come from? Where are we going?
Thanks again for reading. If you have any queries or would like to discuss any legal issues please don’t hesitate to contact me on 0422 736 206 or email@example.com
Rob Roy Rankin
p: +61 422 736 206 l f: +61 3 9923 6970
e: firstname.lastname@example.org l www.rankinandco.com