Employees off due to illness or injury have a duty to communicate

The recent case of Laviano v Fair Work Ombudsman1 reinforces that employees absent from work for extended periods due to illness or injury have a duty to communicate with their employers.

In this case, the employee had been absent from work for a large part of 2014 due to a psychological condition.

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32 Hall & Wilcox lawyers ranked in the 10th edition of The Best Lawyers in Australia

Leading independent business law firm Hall & Wilcox is pleased to announce 32 lawyers have been recognised in the latest edition of The Best Lawyers in Australia, as published in today’s Australian Financial Review.

The Best Lawyers is a purely peer review guide to the legal profession worldwide, where lawyers are reviewed by their peers based on feedback received on their professional expertise and likelihood to refer work.

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Achieving port in an insolvency storm – stays in a safe harbour?

The government has released draft legislation reforming insolvency laws to create a ‘safe harbour’ defence for directors faced with an insolvent trading claim, together with a statutory stay on the enforcement of ipso facto clauses when a party to a contract enters a formal administration process. This is good news for company directors and delivers on industry calls for law reform.

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ILN Today Post

Amendments to Maternity Benefit Act 1961 comes into force

The following amendments to the Maternity Benefit Act, 1961, by virtue of the Maternity Benefit (Amendment) Act, 2017, have come into force with effect from April 1, 2017:

  • The maximum period for which a woman employee is entitled to payment of maternity benefit is now increased to 26 weeks (instead of the earlier 12 weeks). Further, not more than 8 weeks will precede the date of expected delivery (instead of the earlier 6 weeks). However, such extended benefit will only be given to a woman employee for her first two deliveries. A woman employee having two or more surviving children would be entitled to maternity benefit as per the earlier provisions, that is, a maximum period of 12 weeks of which not more than 6 weeks will precede the date of her expected delivery.
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ILN Today Post

Fladgate announces senior associate promotions

As part of the firm’s Route to Partnership policy, Fladgate is delighted to announce the promotions to senior associate of Leigh Callaway (dispute resolution), Zehra Kofturcu (corporate), Yulia Leyko (corporate) and Peter Reynolds (dispute resolution).

Charles Wander, chairman of Fladgate comments: “We congratulate those promoted to senior associate.  These appointments reflect the partnership’s confidence in future growth after another strong year for the firm and illustrate the opportunities for high quality lawyers within the firm.”

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ILN Today Post

ATS first to issue a Court order in favour of Insolvency Practitioner

Our firm was the first one to issue a Court order in Cyprus in favour of an Insolvency Practitioner (Σύμβουλο Αφερεγγυότητας) forcing the creditors of a particular debtor to abide by a Personal Repayment Plan devised by the Insolvency Practitioner. In the course of restructuring of a particular debtor’s debts, the Insolvency Practitioner devised a Personal Repayment Plan for the debtor in question. The Insolvency Practitioner presented the said Personal Repayment Plan to the debtor’s creditors but this was rejected by one particular creditor. Our firm assisted the Insolvency Practitioner to rely on the recently introduced insolvency legal framework and managed to secure in favour of the Insolvency Practitioner a Court order whereby the Personal Repayment Plan was imposed on the rejecting creditor.
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Rainmaking Recommendation from Jaimie Field: Who Are You Writing For?

In this week’s Rainmaking Recommendation from expert and trainer, Jaimie Field, she talks about something near and dear to my heart – writing for your audience. We talk a lot about the WHO of your content here on Zen, and it’s an INCREDIBLY important piece of being successful in your writing – whether it’s blogging, writing industry articles, or even sending out a short tweet. WHO are you writing for?

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Chipotle Exploits Wide Variation Among Plaintiffs to Defeat Class and Collective Certification

A New York federal court recently declined to certify under Rule 23 of the Federal Rules of Civil Procedure (“Rule 23”) six classes of salaried “apprentices” at Chipotle restaurants asserting claims for overtime pay under New York Labor Law (“NYLL”) and parallel state laws in Missouri, Colorado, Washington, Illinois, and North Carolina, on the theory that they were misclassified as exempt executives in Scott et al. v. Chipotle Mexican Grill, Inc. et al., Case No. 12-CV-8333 (S.D.N.Y. Mar. 29, 2017).  The Court also granted Chipotle’s motion to decertify the plaintiffs’ conditionally certified collective action under Section 216(b) of the Fair Labor Standards Act (“FLSA”), resulting in the dismissal without prejudice of the claims of 516 plaintiffs who had opted in since June 2013.

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HOMS Solicitors FCC Supporting Temple Street University Children’s Hospital

Training is well and truly underway for the HOMS Solicitors Fittest Company Challenge team with HOMS staff out running every Monday and Wednesday evening after work.

The HOMS Fittest Company Challenge is part of the Barringtons Hospital Great Limerick Run which will take place in Limerick on Sunday 30th April 2017.

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Enjoying National Workplace Wellbeing Day

wellness logoNational Workplace Wellbeing Day was held on Friday 31st March.

Companies nationwide were out walking, jogging, cycling or swimming a mile during their lunchbreak for the “The Lunchtime Mile” on Friday.

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