Employment Law/Unfair Dismissal FAQ - I am being unfairly held responsible for my area's bad performance. What can I do?
Date: March 04, 2011
Q. Approximately two years ago I joined a car dealership which is rather old-fashioned in the manner in which it transacts business between the finance and sales departments. An insurance provider suggested to the management that I was not doing my job properly and as a result I have been reprimanded being held responsible for the poor performance of my area which is ludicrous as the sales for this year in my area are the same as last year when the market was booming. What should I do?
A. As both departments have not been integrated it is hard to see how you could be blamed for this situation, particularly as the downturn was in new car sales and not insurance products which are performing in line with the previous year. It seems that your department must be more effective this year than last as you must be converting more deals this year to maintain last year’s figures. Irrespective you need someone to intercede on your behalf with your employer to cogently put your point of view and if they are unaccepting of this and your services terminated then you should proceed against them for unfair dismissal and look at what reasonable prospects you may have of proceeding against the insurer for defamation.
Unfair Dismissal - Remedies Available to an applicant for a Unfair Dismissal Claim
Date: March 16, 2011
Author(s): Michael Cruz B.Eng., JD
Employment Law/Unfair Dismissal FAQ - My employer is abusive and unfairly pushes people. What should I do?
Date: March 04, 2011
I am currently working for a very intense person who is overbearing and difficult who constantly threatens and swears at everyone yelling at them and standing over them unfairly pushing them to do as much work as possible. What should I do in the circumstances?
Employment Law/Unfair Dismissal FAQ - A senior partner is sending me obscene emails. What should I do?
Date: March 04, 2011
One of the senior partners of the practice for whom I work is sending me obscene emails. What should I do?
Employment Law/Unfair Dismissal FAQ - Adjustments to work hours to care for children - Can I claim unlawful discrimination?
Date: March 04, 2011
Can I bring an unlawful discrimination claim as I have family responsibilities and my employer for whom I have worked for the last six years will not adjust my working hours to accommodate some of my needs allowing me to properly care for my children?
Employment Law/Unfair Dismissal FAQ - An agency retracted my successful application. What should I do?
Date: March 04, 2011
Recently I applied for a job and after the second interview was told by the recruitment agency that I had it. Subsequently I received a telephone call stating that they needed to carry out a criminal record check and I advised them of a minor transgression which had been dealt with by the court not leading to conviction. After this things got out of control and the agency told me that my application was unacceptable to their client and I should look elsewhere for employment. What should I do in the circumstances?
An agency retracted my successful application. What should I do?
Employment Law/Unfair Dismissal FAQ - Are there Workchoices remedies apart from the Workchoices legislation?
Date: March 04, 2011
Since the Federal Government introduced Workchoices I am really confused as to whether there are remedies apart from the Workchoices legislation?
Employment Law/Unfair Dismissal FAQ - Can I apply to become a permanent employee?
Date: March 04, 2011
I have been with the company as a permanent-casual in excess of 10 years and am wondering whether or not I can make an application to become a permanent employee?
Employment Law/Unfair Dismissal FAQ - Dismissed while on compensation leave. Can I make an Unfair Dismissal claim?
Date: March 04, 2011
I am currently off on workers’ compensation and have been dismissed. Am I entitled to bring an Unfair Dismissal claim?
Employment Law/Unfair Dismissal FAQ - I am being discriminated against because of my size. What can I do?
Date: March 04, 2011
I work for a government department and believe they are trying to get rid of me saying that my size interferes with my ability to carry out my work. I feel uncomfortable, as I believe I am being set up and the union is also involved. What can I do in these circumstances?
I am being discriminated against because of my size. What can I do?
Employment Law/Unfair Dismissal FAQ - I am under pressure due to company budgets. Is this unfair?
Date: March 04, 2011
Although the company for whom I am working is not meeting budget the area in which I work has exceeded budget but I am being put under increasing pressure to improve output?
Employment Law/Unfair Dismissal FAQ - I have been asked to resign without warning. Can my employer do this?
Date: March 04, 2011
I have been asked to resign by the company for which I work. Can they do so without giving me a warning?
Employment Law/Unfair Dismissal FAQ - I have been suspended for dishonesty. Can you help?
Date: March 04, 2011
I currently work for a large retail chain and have been suspended from work pending a full investigation for dishonesty. Can you help?
Employment Law/Unfair Dismissal FAQ - I took inappropriate photos while drunk at an office function. What do I do?
Date: March 04, 2011
This year I went to an office function and become a little untidy. Whilst I was taking photographs a girl lent over in front of me and I took a shot of her cleavage. After sobering up I suddenly realised there could be issues and I discovered that one of the persons to whom I had sent all the photographs including the one of the girl, had circulated this to everybody in the office. What should I do?
Employment Law/Unfair Dismissal FAQ - I stole money, now my employer wants to talk. What should I do?
Date: March 04, 2011
During the course of my employment I took a substantial amount of money from the company which has now been discovered and they have called me in for interview saying that all they really want to know what happened and they will not lay any criminal charges. What should I do?
Employment Law/Unfair Dismissal FAQ - I was fired as my employer thought I stole stock. What should I do?
Date: March 04, 2011
I was recently fired for serious and wilful misconduct because my employer thought I had taken stock without paying or accounting for it. What should I do?
Employment Law/Unfair Dismissal FAQ - I was let go and replaced by 20yr olds of a particular ethnic background. What to do?
Date: March 04, 2011
My services were recently dispensed with allegedly due to the downturn in business which I do not believe as the number of orders received show it has increased and new staff have been put on. What I have noticed is that I am the oldest member of staff and everybody else who is being hired is in their 20s and of a particular ethnic background. Can you help me?
Employment Law/Unfair Dismissal FAQ - I was made redundant and my job was split up. What can I do?
Date: March 04, 2011
I have recently been made redundant by my employer and my job has been split up between a number of persons the principal parts of it being given to a much junior employee. Is there anything I can do?
Employment Law/Unfair Dismissal FAQ - I was terminated for being sick. Can you help?
Date: March 04, 2011
Yesterday I called my employer and told him I would not be into work as I was sick and had a medical certificate. When I went to work today my services were terminated. Is there anything you can do for me?
Employment Law/Unfair Dismissal FAQ - I was terminated for being uncontactable while on leave. Can you help?
Date: March 04, 2011
I have been working for a company for a number of years and have not taken any holidays until recently. Whilst I was off the managing director attempted to contact me. Upon my return to work he terminated my services for being uncontactable whilst away. Can he do this and are you able to assist?
Employment Law/Unfair Dismissal FAQ - I wasn't paid leave or bonuses when I was let go. What should I do?
Date: March 04, 2011
Recently I was retrenched and given one month’s pay in lieu of notice together with my current month’s salary. Unfortunately I was not paid for my annual leave or my current bonus which it vested and my unvested bonus which is now due and payable. What should I do?
Employment Law/Unfair Dismissal FAQ - My boss has been abusing me after I refused to do what he asked. What can I do?
Date: March 04, 2011
My boss came to me and asked me to admit someone to our computer network without the property authorisation. I refused to comply and ever since I have been singled out by him and serially abused, ignored and made to feel unwelcome. Is there anything I can do?
Employment Law/Unfair Dismissal FAQ - My boss is abusive and is trying to get rid of me. What can I do?
Date: March 04, 2011
I am having a number of issues with my boss at work due to his behaviour as he frequently swears, writes threatening emails, bullies, sets unreasonable deadlines and is trying to performance-manage me out of the operation. What can I do?
Employment Law/Unfair Dismissal FAQ - My employer deceived me to get rid of me. Can they do this?
Date: March 04, 2011
I approached my employer asking could I take leave without pay and they asked me to resign on the basis that when I returned all I had to do was reapply for my old position and it would be given back to me. I did this and on my return I put in my job application and other applicants were successful and I was refused. Can my employer do this?
Employment Law/Unfair Dismissal FAQ - My health has deteriorated due to harassment from my new manager. What should I do?
Date: March 04, 2011
I have been working with the same company for in excess of 10 years and recently a new manager was appointed to my department. He has been riding everyone but particularly myself as it appears he wishes to make changes and bring in his own supporters. I am under stress and my health has deteriorated as a result. What should I do?
Building & Construction Law FAQ - I want to maintain my DA but sell the property. What can I do?
Date: March 03, 2011
I applied for a DA some time ago to build some home units and for a variety of reasons only limited work has commenced on site. I wish to maintain the DA and on sell the property which will be far more valuable if this can be done. What can I do?
Building & Construction Law FAQ - My builder lied about obtaining covenants. Can you help?
Date: March 03, 2011
I have entered into an HIA building contract for a modular home to be designed and constructed by the supplier. The house was to be built on an estate which has certain covenants governing the type of construction allowed there. The manufacturer, supplier and the builder are one and the same and they have indicated at all times they would be able to obtain all the necessary consents allowing my home to be built there. Despite this council has served me with a notice indicating that as I do not have the relevant consents I am not at liberty to proceed with construction. What can I do and can you help me?
Building & Construction Law FAQ - Are all defects recoverable from the builder?
Date: March 03, 2011
Are all defects recoverable from the builder?
Building & Construction Law FAQ - Are licensed builders required in NSW?
Date: March 03, 2011
Are licensed builders required to perform all building work in NSW?
Building & Construction Law FAQ - Do defect matters go to the local court?
Date: March 03, 2011
Do I have to go to the local court to take action against a builder for defects?
Building & Construction Law FAQ - Do solicitors have right of appearance before the CTTT?
Date: March 03, 2011
Do solicitors have an automatic right of appearance before the CTTT?
Building & Construction Law FAQ - How long is the defects liability period?
Date: March 03, 2011
How long is the defects liability period?
Building & Construction Law FAQ - Is prepaying the builder normal?
Date: March 03, 2011
Is it normal to prepay the builder prior to the commencement of works?
Building & Construction Law FAQ - My neighbour backfilled within my boundary. What can I do?
Date: March 03, 2011
My next door neighbour has backfilled behind a decorative wall on one side of my property which is within my boundary and despite repeated attempts to stop this my neighbour continues to disregard my wishes. Is there anything I can do?
Building & Construction Law FAQ - What does home warranty insurance cover?
Date: March 03, 2011
What does home warranty insurance cover?
Building & Construction Law FAQ - Are experts' reports important in Building and Construction matters?
Date: March 03, 2011
Are experts' reports important in Building and Construction matters?
Building & Construction Law FAQ - How long does home warranty insurance last?
Date: March 03, 2011
How long does home warranty insurance last?
Business & Commercial Law FAQ - Behind in installments. Should I declare myself bankrupt?
Date: March 03, 2011
I am currently in trouble with my finance company as I am behind in my installments. Should I declare myself bankrupt
Business & Commercial Law FAQ - An aggressive competitor is selling the full range of products which fall under my distribution agreement?
Date: March 03, 2011
My company holds the total distribution rights for a particular product in Australia. Very simply, I came across an aggressive competitor who is selling the full range of products which fall under my distribution agreement. Can you help me and what can I do
Business & Commercial Law FAQ - Approached by another company prior to your product release?
Date: March 03, 2011
My company is a software developer and recently we have developed a system which revolutionises the way in which business is transacted in the market segment our program services. We have been approached by another company who has been made aware of what we are doing prior to its release. What should we do in the circumstances and are you able to assist us
Business & Commercial Law FAQ - Buying a restaurant and require the services of a lawyer who is familiar with liquor licensing?
Date: March 03, 2011
I wish to buy a restaurant and need to have the services of a lawyer who is familiar with liquor licensing. Can you assist
Business & Commercial Law FAQ - Cost indication for creation of documents to start franchise?
Date: March 03, 2011
I wish to set up my own franchise and I need an indication of the cost to draft the necessary documents required by law
Business & Commercial Law FAQ - Director has taken money from the company’s accounts set aside for tax?
Date: March 03, 2011
I am a director of a company and I have just found out that another director has taken money from the company’s accounts set aside for tax purposes – what should I do
Business & Commercial Law FAQ - Gambler, Loan Agreement with redraw facility bank did not refuse access?
Date: March 03, 2011
I have been living with a man for approximately 20 years and during that time we purchased a house and an extra block of land with borrowed funds. As part of the loan agreement there was a redraw facility and when it became obvious to me he was a gambler I directed the bank to refuse him access to the account. Unfortunately this was not done and extensive debts have been run up with the bank now calling on me to satisfy the outstanding balance as we held both properties in joint names. What can I do
Business & Commercial Law FAQ - I am currently considering entering into a joint venture?
Date: March 03, 2011
I am currently considering entering into a joint venture. What should I do
Business & Commercial Law FAQ - I am currently looking at buying a franchise?
Date: March 03, 2011
I am currently looking at buying a franchise and was wondering whether to deal with these types of matters
Business & Commercial Law FAQ - I am in the process of starting up an internet based business?
Date: March 03, 2011
I am in the process of starting up an internet based business and wanted to know whether you have any expertise in this area
Business & Commercial Law FAQ - I am looking to buy a commercial property in NSW?
Date: March 03, 2011
I am looking to buy a commercial property in NSW from which to run my business and was wondering whether you can assist
Business & Commercial Law FAQ - I have developed a unique business which I wish to franchise?
Date: March 03, 2011
I have developed a unique business which I wish to franchise as I do not want employees. What should I do in the circumstances
Business & Commercial Law FAQ - I own a large company and have been approached by a competitor to buy it?
Date: March 03, 2011
I own a large company and have been approached by a competitor organisation to buy it. The offer is an extremely good one. Are you able to advise and prepare all the necessary documentation to allow the sale to proceed
Business & Commercial Law FAQ - I run a nightclub with a friend who also has other business interests?
Date: March 03, 2011
I run a nightclub with a friend who also has other business interests. Recently he has become significantly disinterested in the business and continues to make substantial drawings. What can I do
Business & Commercial Law FAQ - I run a successful business and have restricted capital what I should do to develop it?
Date: March 03, 2011
I run a successful business and am wondering because I have restricted capital what I should do to develop it further
Business & Commercial Law FAQ - I want to purchase a franchise for a new business?
Date: March 03, 2011
I want to purchase a franchise for a new business – is this a complicated process which requires a lawyer
Business & Commercial Law FAQ - I want to purchase my friend’s business, can I use the same accountant or lawyer?
Date: March 03, 2011
I want to purchase my friend’s business – can I use the same accountant or lawyer to save on costs
Business & Commercial Law FAQ - If I declare myself bankrupt will I be able to escape my creditors?
Date: March 03, 2011
If I declare myself bankrupt will I be able to escape my creditors and get on with my life and start again
Business & Commercial Law FAQ - Master franchisor is refusing to accept his responsibility to ensure that poaching does not occur?
Date: March 03, 2011
I am a franchisee and paid good money for the franchise which I operate. Recently it came to my attention through a number of other franchisees that the master franchisor is refusing to accept his responsibility to ensure that poaching does not occur. What should I/we do in the circumstances
Business & Commercial Law FAQ - Money was subscribed to a company on the basis that I would be a shareholder?
Date: March 03, 2011
Money was subscribed to a company on the basis that I would be a shareholder. Yet a check with ASIC indicates that this has not occurred
Business & Commercial Law FAQ - My business partner has withdrawn all the funds from the business account?
Date: March 03, 2011
I am in a partnership and my partner has withdrawn all the funds from the business account - Can they do that
Business & Commercial Law FAQ - Purchased Franchise Business - Claims by Franchisor?
Date: March 03, 2011
About six months ago I bought a franchise business and it is obvious that the claims made by the franchisor are not and could never be met. In addition 50% of the annual franchise fee is to go to promotions and advertising with very little of this having been done. What are my options and can you help me
Business & Commercial Law FAQ - Statement of claim?
Date: March 03, 2011
We have been dealing with a company who has been providing services to us for some years and we have always paid them 60 days. Recently due to changing business conditions we have not used their services and have been served with a statement of claim claiming amounts outstanding past 14 days. Is there anything we can do in these circumstances and can you help us
Business & Commercial Law FAQ - When you buy a franchise does a lawyer need to be involved to assist me?
Date: March 03, 2011
When you buy a franchise does a lawyer need to be involved to assist me? If so what are the major risk areas for me
Business & Commercial Law FAQ - Will it take me long to obtain a certificate of independent legal advice?
Date: March 03, 2011
Will it take me very long to obtain a certificate of independent legal advice
Business & Commercial Law FAQ - Wish to retain a lawyer to assist in setting up a managed investment fund?
Date: March 03, 2011
We work in the financial services industry and wish to retain a lawyer to assist us in setting up a managed investment fund. Can you assist
Business Law FAQ - Are companies superior to partnerships?
Date: March 03, 2011
Are companies superior to partnerships?
Business Law FAQ - Looking to purchase business, owner has two books?
Date: March 03, 2011
Currently I am looking to purchase a business. I found a great one but am somewhat unnerved as the owner has two sets of books. Can you help me and is there anything I can do to check the performance of the business
Business Law FAQ - Trustee of a family discretionary trust?
Date: March 03, 2011
I am the trustee of a family discretionary trust and am concerned as to whether there is something more I should do to protect the trust and everybody’s entitlements. Is there anything you can assist me with
Commercial Law FAQ - Accountant giving legal advice?
Date: March 03, 2011
I have gone to my accountant as I am thinking of buying a franchise and although he has given me some accounting advice he has indicated that he can fully advise me about the full scope of the transaction including the legal ramifications of the documents I have to sign. Can he do this?
Commercial Law FAQ - ATO says I am responsible for PAYW?
Date: March 03, 2011
I am currently involved in a business which relies on a number of independent subcontractors to carry out the work necessary for the business to continue to operate. I have been approached by the Australian Taxation Office stating that as far as they are concerned I am responsible for the PAYW and that I should remit it to them. I have checked their website and noticed that in the particular industry in which I am engaged they have set up a model which is contrary to what they are saying to me. What should I do
Commercial Law FAQ - I wish to purchase a business and time is of the essence?
Date: March 03, 2011
I wish to purchase a business and time is of the essence. Can you assist?