Author: Cohen Legal

JobKeeper – the first test case

Many small businesses have remained afloat thanks to the JobKeeper scheme which allows employers to keep their employees following the effects of Covid-19.  Other small businesses have significantly suffered financially after being denied by the Australian Taxation Office’s (ATO) of JobKeeper payments due to technicalities. On 21 December 2020, the Administrative Appeals Tribunal ruled on […]

Big Changes to Employment Law in 2021

What a year 2020 has been. We began the new decade with this country in a haze of drought and devastating bushfires, just as the fires were put out, Australia and the rest of the world was thrown into the uncertainty of a global pandemic and economic downturn. It is fair to say that 2020 […]

Do You Need a Company Power of Attorney

In today’s fast paced business environment, it makes smart business sense to appoint a company power of attorney.  A company power of attorney may be better described by distinguishing it from an individual power of attorney. In simple terms, a power of attorney is an instrument that gives authority to another person to act on behalf […]

Mere business downturn may not be lawful grounds for stand down

Before March 2020, the stand down provision under the Fair Work Act 2009 (Cth) (“Act”) was uncommonly used. Then came Covid-19 and with many Australian businesses struggling in such unprecedented times, actions were taken without understanding legal obligations to employees. A stand down under section 524 of the Act permits an employer to stand down […]

What is a sick day? Mondelez v AMWU: High Court Delivers Certainty Over Personal/Carer’s Leave Obligations

A recent interpretation of the personal/carer’s leave in the Fair Work Act 2009 (Cth) (“Act”) by the High Court provides clarity of an important issue for both businesses and workers. Earlier this year, the High Court issued its decision in Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, printing and kindred Industries Union known […]

Defamation, Civil and Criminal: The limits of what you can say.

We’re generally free to say what we want, but there are limitations to free speech that cover a wide range of issues important to society. Defamation laws protect people and organisations from abuses of free speech. What is it? Defamation is a civil action allowing parties to seek compensation for damages against a person’s reputation […]

Website Terms and Conditions

Perhaps one positive spin to Covid-19 restrictions lead you to extend your business to the online world.  You have spent countless hours perfecting your website layout for your business. You are almost ready to launch. Before you do, you do a bit of online research to make sure you’ve covered everything a website needs and […]

Pay increase for group 2 workers – do your employees fall under group 2?

The Fair Work Commission announced in June a 1.75% increase to minimum wages as part of its annual review. Due to the significant impacts of the pandemic in some industries, the start date of the wage increase was staggered in 3 different groups. Group 1 had a wage increase in 1 July 2020. These included […]

What You Need to Know When Buying or Selling a Business

When negotiating the terms of sale or purchase of a business what will need to be considered will vary depending on the type of business involved.  However, there are some general considerations that you need to take into account for most businesses:  Terms of the contract  Some of the important things that should be dealt […]

Employment matters – we like to understand your business

Employment law affects all businesses with employees. Employment relationships can be complex and the rights and responsibilities are ever-evolving. An employment law “health check” is worth the investment to ensure your business is compliant with legal obligations whilst protecting your business’ interests for the future. At Cohen Legal, we pride ourselves in providing our clients […]