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Monthly Archives: December 2013
ILN Today Post
December 16, 2013
SMSF and LRBA – Welcome clarification by the ATO
The ATO has released a draft legislative instrument providing a welcome clarification regarding trusts formed to hold property for limited recourse borrowing arrangements.
Section 67A of the Superannuation Industry (Supervision) Act (SIS Act). permits an SMSF to borrow where: More…
ILN Today Post
December 16, 2013
Employer liable for mismanaged investigation
The Queensland Civil and Administrative Tribunal (QCAT) has found that an employer’s mishandling of a complaint, and, in particular, a ‘bungled’ workplace investigation, contributed to a worker developing a psychiatric injury.
The ‘bungled’ investigation
A female food and beverage attendant at a Gold Coast resort claimed that she was sexually harassed and discriminated against on the basis of sex and age, after a male chef at the resort commented that she smelt like ‘Old Spice’, sniffed the air around her and asked whether anyone could smell it, referred to her as a ‘cougar’ and made growling noises. More…
ILN Today Post
December 16, 2013
Fatally flawed investigation results in reinstatement
An employee has recently been reinstated after the Fair Work Commission (FWC) found the investigation leading to his dismissal had serious flaws.
What happened?
The employee was one of a number of workers at a steel mill who failed to respond when a gas alarm went off. The employee was on his lunch break at the time the alarm sounded and gave evidence that he believed another employee, who was in charge, should have responded to the alarm. More…
ILN Today Post
December 16, 2013
Internal investigation ‘must dos’
Recent decisions have reinforced the fundamental requirement that employers investigate workplace issues fairly and thoroughly. Cases demonstrate how serious procedural deficiencies in an internal workplace investigation can contaminate the process and the disciplinary decisions which follow.
An employer may encounter significant costs if an employee seeks to challenge an employer’s decision in a tribunal or court on the basis that the investigation was flawed. These costs include legal representation, negative publicity, management down-time (as a result of the time involved in responding to the employee claim) and potential diminishment of workplace culture. More…
December 16, 2013
ILN Firm of the Month – Burton & Co., New Zealand!
This month, we’re bringing you our own Burton & Co., New Zealand as our firm of the month!
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+001.201.594.9985 www.ilntoday.com |
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December 16, 2013
Beskyttelse af forretningshemmeligheder
Nyt direktiv på vej: Undersøgelser har vist at flere og flere virksomheder udsættes for tyveri af deres forretningshemmeligheder eller forsøg derpå, og at virksomhederne har svært ved at overskue, hvordan de kan håndhæve deres rettigheder, idet der er væsentlige forskelle på de enkelte landes nuværende beskyttelsesniveau.
December 13, 2013
Estate litigation in the happiest place on earth?
A recent article in the National Post discusses the bitter legal battle that has been going on between Walt Disney’s 43-year old twin grandchildren, Brad and Michelle Lund. The grandkids are beneficiaries of a testamentary trust that was created in their mother’s will and is estimated to be worth more than $300 million dollars. The terms of the trust allow the twins to receive annual payments along with larger payments on their 35th, 40th and 45th birthdays equal to 20% of the value of the trust fund. However, the trustees are given the discretion to withhold the larger payments to either of the grandkids if they do not demonstrate the “maturity and financial ability to manage and utilize such funds in a prudent and reasonable manner”.
December 13, 2013
Meaningful Use Audits – Security Risk Analysis
‘Tis the season for Meaningful Use, the time of year when eligible professionals (EPs) and eligible hospitals (EHs) compile their data from the meaningful use measures and prepare for attestation. It is also the season of meaningful use audits. A lesson learned from recent audits: CMS means what it says – EPs and EHs must conduct […]
For more information please visit www.omwhealthlaw.com or click on the headline above.
December 13, 2013
CSA Proposes Allowing TSXV Issuers to Conduct Private Placements with Existing Security Holders
By Victor S. Dudas
On November 21, 2013, the Canadian Securities Administrators (the “CSA”) published Multilateral CSA Notice 45-312 Proposed Prospectus Exemption for Distributions to Existing Security Holders, which provides notice of a proposed new prospectus exemption in all jurisdictions in Canada, except Ontario and Newfoundland and Labrador.
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