Publications

• Mick Sheils Awarded Medal of the Order of Australia
  Published 09 Feb 2012
  Mick Sheils, Special Counsel at Carroll & O'Dea has been awarded the Medal of the Order of Australia for his work in industrial relations.
• Avoiding adverse action – Dealing with employee enquiries
  Published 09 Feb 2012
• Workplace Conflict
  Published 09 Feb 2012
  Conflict between individuals in a workplace is not an easy matter for most managers to deal with. It distracts them from dealing with the core responsibilities of the organisation and in many cases can be unnerving to even the strongest of managers.
• Not for Profit Newsletter - January 2011
  Published 20 Jan 2012
• The Slums of Manila
  Published 19 Jan 2012
• Fair Work Act Review - Don't Expect Too Much Now!
  Published 22 Dec 2011
  First published by CCH AUSTRALIA
• "Phantom" Paid Annual Leave - Is it there even though you can't see it?
  Published 16 Dec 2011
  First Published by CCH Australia Limited
• Planning Ahead Forum - Tweed Heads
  Published 08 Dec 2011
  Carroll & O'Dea were very pleased to sponsor a free Planning Ahead Forum, in conjunction with Alzheimer's Australia and the Northern NSW Local Health District in Tweed Heads this afternoon.
• Workplace Solutions@ Carroll & O'Dea - a new name but still in the same frame...
  Published 21 Nov 2011
  On Thursday 17 November, Peter Punch and our specialist employment law team announced to a well attended briefing held for the Firm's employment and industrial law clients and contacts in our 18th Floor Conference rooms that, not only does the team have new location - Level 17 of the St James Centre -- but they will have a slightly different name - "Workplace Solutions @ Carroll & O'Dea". More about that if you read on !
• Drugs and alcohol at work
  Published 01 Nov 2011
  First Published in Human Capital. An employee who is affected by drugs or alcohol in the workplace presents a risk to themselves, other employees, customers and your business.
• PRESS RELEASE
  Published 24 Oct 2011
• Tuesday Lunchtime Speaker Series
  Published 10 Oct 2011
  A break with tradition - the lunchtime speaker this month will be on MONDAY 31st October. Lunchtime Speaker Series “Ethical leadership; unpopular causes” - Julian Burnside QC
• Dismissed for misconduct:facing the consequences of facebook postings
  Published 07 Oct 2011
  First Published in Human Capital. Two recent decisions highlight the differing outcomes for employees who criticise their employers on social media sites outside working hours.
• Anti-social media: extending the employer’s tentacles…
  Published 28 Sep 2011
  There can be no doubt that social media in the workplace has become a live legal issue: judgments reflect it, company policies address it and we have all heard nightmare stories of comments on social networking sites costing people their job. Peter Punch, Partner at Carroll & O’Dea Lawyers, examines a recent social media decision and the blurring of our personal and working lives.
• The Taree Terrier
  Published 19 Sep 2011
  Carroll & O'Dea has enjoyed a long association with cycling. The 'Taree Terrier', Phillip Grenfell, recently grabbed two stage wins in Victoria.
• The NEW Personal Property Securities Act – What it means for Landlords
  Published 12 Sep 2011
  In brief - Landlords are not directly affected. This Act primarily affects finance providers and people who lease goods. A landlord will be affected if they provide finance or lease goods (eg vehicles or equipment) or possibly if they finance a lessee’s fitout of premises and wish to retains ownership of the fitout. The main objective of the Act is to remove the illusion of wealth.
• Planning Ahead Forum
  Published 05 Sep 2011
  Alzheimer's Australia, South Western Sydney Local Health District and Carroll & O'Dea Lawyers are pleased to present this free community event Friday October 5th 2011
• BULLIES IN THEIR MIDST – EMPLOYERS’ OBLIGATIONS AND RISKS
  Published 01 Sep 2011
  First published in Human Capital Magazine
• Delays With Your Tax Return?
  Published 29 Aug 2011
  If you are experiencing delays with the assessment of your tax return, this article from The Tax Institute may explain why. Contact Dianne Retief, Solicitor if you need help with a tax problem and are not sure what to do.
• REGIONAL VISITS SEPTEMBER - NOVEMBER 2011
  Published 29 Aug 2011
  Details of the regional visits for our solicitors.
• North Sydney Citizen of the Year - Micheal O'Dea
  Published 25 Aug 2011
  "The more fortunate you are, the more you have the opportunity to help others" Micheal O'Dea, Mosman Daily 24 August 2011.
• Long suffering over Long Service Leave
  Published 22 Aug 2011
  First published by CCH Australia Limited
• Winter Newsletter
  Published 12 Aug 2011
  In this issue you will find information about free seminars which you may find of interest on legal planning ahead.
• New Partner in Intellectual Property and Business Services.
  Published 01 Aug 2011
  We are glad to welcome Patricia Monemvasitis to her new role as a partner of Carroll & O’Dea lawyers.
• FOLLOWING THE BOSS’ INSTRUCTIONS – HR MANAGERS BEWARE
  Published 21 Jul 2011
  First published in Human Capital Magazine
• CARROLL & O’DEA LAWYERS HONOURED BY NOTRE DAME UNIVERSITY- INAUGURAL MICHAEL O’DEA ORATION
  Published 18 Jul 2011
• Do you work in a coal mine?
  Published 07 Jul 2011
  If you work in or about a coal mine are you aware you have special rights?
• Serious Safety Breaches – Upholding Dismissals
  Published 07 Jul 2011
• WARBURTON’S CASE – SOME LESSONS FOR EMPLOYMENT LAWYERS
  Published 05 Jul 2011
  The decision of Justice Pembroke in Seven Network (Operations) Limited & Ors v James Warburton (No 2) [2011] NSWSC 386 is a very useful one for employment lawyers, dealing as it does with most of the general principles of the common law concerning post employment covenants in employment contracts and providing an interesting example of the modern application of some general contractual principles in the context of senior executive employment. First published in CCH
• Newcastle Opening
  Published 14 Jun 2011
  Newcastle relocate to their new office.
• Damages, duty to mitigate and the new duty to negotiate
  Published 08 Jun 2011
  Beware the new Duty to Negotiate provisions in the Civil Procedure Act
• Paid Parental Leave Guide
  Published 26 May 2011
  On 1 January 2011, Australia’s first national paid parental leave scheme will commence. Paid parental leave will be available to eligible employees in addition to unpaid leave from their employers (which is presently available to most employees under the “National Employment Standards”), as well as any additional paid parental leave offered by employers.
• SHARING A BIRTHDAY WITH THE FAIR WORK ACT – WHAT HAS CHANGED IN TWO YEARS?
  Published 19 May 2011
  First published by Human Capital magazine.
• ALERT for Not for profit employers - Equal Remuneration test case gets partial decision
  Published 17 May 2011
  In a bit of an anti climax the Full Bench of FWA handed down a decision today on the ASU's Equal Remuneration case that was only half of a decision - the Bench found that gender was an important factor in creating the gap between pay in the Social and Community Services sector and pay in comparable state and local government employment, so that was an important win for the ASU and the union movement generally. The problem is that the Bench is not sure yet what if anything should be done to remedy this disparity. They are now seeking submissions so that the Bench can if possible identify the extent to which gender has inhibited wages growth in the SACS industry and to mould a remedy that will address that situation.
• Autumn Newsletter
  Published 13 May 2011
  A snapshot of recent issues.
• Elephant In Your Kitchen
  Published 11 May 2011
  A recent decision by the Administrative Decisions Tribunal demonstrates that bistros run by third parties in clubs and hotels may come under the the Retail Leases Act. Which means their term may be automatically extended to 5 years.
• NEW OHS LAW CHANGES COMING SOONER THAN EXPECTED IN NEW SOUTH WALES?
  Published 06 May 2011
  First Published by CCH AUSTRALIA LIMITED
• ANNUAL LEAVE UNDER THE FAIR WORK ACT 2009
  Published 27 Apr 2011
  It is important that employers address the reasons why some employees allow their leave to accrue, and ensure that they are aware of the circumstances in which employees may be directed to take leave or may cash out their leave.
• “THE PUNCH LINE” Number 1 – APRIL 2011
  Published 27 Apr 2011
  First Published by CCH AUSTRALIA LIMITED
• Banning Bullying - But What Is It?
  Published 01 Apr 2011
  The recent initiative by the new Liberal State Government in Victoria to introduce the “Crimes Amendment (Bullying) Bill 2011 has drawn attention again to the apparent epidemic of “bullying” in Australian workplaces and the need for a legislative response to this spreading disease.
• The Use of Social Media and Implications for the Employment Relationship
  Published 14 Feb 2011
  The almost universal usage of computers in the workplace and the emergence of new forms of social networking media such as Facebook, YouTube and Twitter are generating novel challenges for employers. Most employers are addressing the social media phenomenon by implementing acceptable use policies and/or monitoring employee internet usage in accordance with applicable surveillance legislation.
• COMMERCIAL LITIGATION AND DISPUTE RESOLUTION
  Published 07 Jan 2011
  January 2011
• “CASUAL” BY NAME – BUT NOT BY NATURE!
  Published 01 Jan 2011
  For some years Australia has had one of the highest rates of casual or insecure employment in the OECD. That state of affairs is a result of a number of factors, prominent among which is the changing nature of work in our age of exponential technological advances, increased employer interest in the perceived cheaper option of casuals and employee ‘lifestyle’ choices.
• The Fair Work Ombudsman – an industrial watchdog with teeth
  Published 01 Dec 2010
  The WorkChoices legislation introduced by the Howard Government changed many aspects of Australian workplace law, and some of those changes have been retained by Labor. One of the significant changes has been the establishment of a large and well-resourced federal government agency charged with the tasks of ensuring compliance with workplace laws and the protection of employees’ entitlements – the Fair Work Ombudsman (or “FWO”), previously known as the Workplace Ombudsman. Prior to 2007, state and federal government workplace regulators tended to be under-resourced and their impact on Australia’s workplace culture and the rights of workers was limited. With the FWO now on the scene, that state of affairs has changed fundamentally.
• Legal Link - Not For Profit
  Published 01 Dec 2010
  Welcome to the spring edition of Legal Link a publication designed to give you a snapshot of recent issues from Carroll & O’Dea Lawyers.
• Legal Link - Cyber Safety News
  Published 01 Nov 2010
  Welcome to the spring edition of Legal Link a publication designed to give you a snapshot of recent issues from Carroll & O’Dea Lawyers.
• Workplace Sexual Harassment: Implications beyond Discrimination
  Published 01 Nov 2010
  The recent publicity arising from the David Jones case has catapulted the issue of workplace sexual harassment back into the public consciousness and has highlighted the need for employers to ensure that their staff and management comply with anti-discrimination legislation at all times.
• Discrimination: The potential for attack on multiple fronts
  Published 01 Sep 2010
  The potential for discrimination claims by employees against their employers is certainly not new; employees have for many years been able to bring such claims against their employers using federal and state anti-discrimination legislation, and unlawful termination protections. However, since 1 July 2009 employees have also been able to commence proceedings against their employers using the new “adverse action” provisions under the Fair Work Act 2009 (Cth).
• Can the new “Transfer of Business” provisions work for employers??
  Published 01 Aug 2010
  Compared to the provisions in the now repealed “Work Choices” amendments to the Workplace Relations Act 1996, the Transfer of Business provisions contained in Part 2-8 of the Fair Work Act 2009 (“the Act”) provide greater certainty and flexibility for employers in a time of rapid change in modes of employment.
• MODERN AWARDS – MISSION ACCOMPLISHED?... NOT YET!
  Published 01 Jun 2010
  A major element of the Labor Party’s industrial relations policy for the 2007 Federal election was the replacement of the many thousands of State and Federal awards with a limited number of ‘Modern Awards’.
• “Workplace rights” and “adverse action” – Fear of the unknown or simply not yet known?
  Published 01 May 2010
  The Fair Work Act 2009 (Cth), which commenced on 1 July 2009, introduced some new and enhanced provisions relating to the protection of what are called “workplace rights”. These provisions provide an alternative basis upon which legal proceedings can be commenced by employees against employers where they are subjected to “adverse action”. However, in the nine months since the commencement of the Act, there has not been a huge wave of claims. Is it because employees fear the unknown quantity of new legislation or are they simply unaware that such rights exist?
• OHS: looking to a fairer future?
  Published 01 Apr 2010
  Most employers will be aware of the strict obligations they are required to meet under occupational health and safety (OHS) legislation, particularly those employers operating in NSW. Over the past two decades, the NSW regime has earned the reputation for being the toughest in Australia. Unlike the system operating in some other states, the NSW Act imposes on employers virtually automatic liability for alleged OHS offences. The Act requires employers to ‘ensure’ (taken to mean ‘guarantee’) the health, safety and welfare at work of all employees, an obligation that is far more demanding than the common law duty to take reasonable care for workers’ safety.
• Managing Chronic Sick Leave
  Published 01 Mar 2010
  “I have a senior employee who is regularly sick (due to colds, flu, etc). This person calls in sick approximately once a fortnight, sometimes for days at a time, and it’s hard to plan work around this person. He/ she is genuinely sick (displaying obvious signs of illness). The employee follows protocols, provides genuine medical certificates and abides by company policies, and while the employee is in the office, he/she performs ok. The problem is that the employee occupies a full-time position and he/she is not meeting the expectations of the role because he/she is only present around 80% of the time. How do I deal with this issue without breaching discriminations laws?”
• The National Employment Standard - The devil is in the detail!
  Published 01 Feb 2010
  A central feature of the national industrial relations system proposed by the Rudd Labor Government was the establishment of certain minimum employment standards applicable to all employers and employees within this national system. This feature is now found in Part 2-2 of Chapter 2 of the Fair Work Act 2009 (Cth) (“the FW Act”) and became operative on 1 January 2010, at the same time as the Government’s national system of industrial relations came into effect (with some minor exceptions in Western Australia).
• Property Newsletter February 2010
  Published 01 Feb 2010
  Register your interests – or risk losing them. A brief look at two recent cases that serves as reminders and lessons to ensure that any interest you may have in land is protected by registration.
• Property Law Update Retail Leasing November 2009
  Published 01 Nov 2009
  Assignment of retail lease – if it wobbles like a duck and quacks like a duck. A landlord refused to consent to assign on the basis that the Assignee would be changing the use to which the shop was put. The Tribunal agreed and the refusal was upheld.
• The New National Industrial Relations System - Some Certainty for Not For Profit Employers at last
  Published 01 Nov 2009
• Employment Law Newsletter - NFP Focus - October 2009
  Published 01 Oct 2009
• Property Law Update - Retail Leasing - October 2009
  Published 01 Oct 2009
  OH&S and fitout works in leased premises – principal contractors. A quick and brief overview of some of the OH&S issues associated with fitout works in leased premises – an important area of consideration for Lessors and Lessees.
• Property Law Update September 2009
  Published 01 Sep 2009
  Misleading and deceptive conduct and unconscionable conduct. When does an agent or manager go too far in attempting to secure a commercial outcome for a landlord? This newsletter looks at a recent case where the manager’s conduct was misleading and deceptive and unconscionable and the landlord and manager were penalised as a result.
• Property Law Update August 2009
  Published 01 Aug 2009
  What is compensation for fitout? The New South Wales Supreme Court had to determine what is ‘compensation for the fitout’ which a Lessor is required to pay a Lessee when the Lessor terminates a lease under a demolition clause – we look at lessons from that decision.
• Property Law Update July 2009
  Published 01 Jul 2009
  Licences can be a retail shop subject leases too. A recent decision in the NSW ADT reinforces earlier Court decisions that a licence granted for use of space by a retail shop business will itself be a retail shop lease and will be subject to the provisions of the Retail Leases Act 1994 (NSW) – including the minimum five year term.
• Unfair Dismissal Claims Bulletin
  Published 01 Jul 2009
  Important news about unfair dismissal claims Some important parts of the Fair Work Act 2009 (C'th) start on 1 July 2009, including the new rules concerning unfair dismissal claims
• Will you be ready for the changes in Fair Work Act ?
  Published 01 Jun 2009
• Property Law Update June 2009
  Published 01 Jun 2009
  Invalid Relocation Notice A short note on a case from the Victoria Tribunal which found that a Relocation Notice served under the Victorian Retail Leases Act was invalid as it did not contain sufficient details for the alternate premises and because the alternate premises were commercially disadvantageous for the tenant.
• Property Law Update May 2009
  Published 01 May 2009
  Key points in Relocation and Demolition under the NSW Retail Leases Act. This newsletter investigates court interpretations of key terms within the NSW Retail Leases Act including ‘vacant possession’, ‘genuine proposal’ and ‘alternative premises’. These are all crucial components of the legislation in relation to a landlord terminating a retail lease using a demolition or relocation clause.
• Fair Work Act 2009 now enacted - National Employment Standards Start 1 January 2010
  Published 01 May 2009
• HR Policies that promise too much ...
  Published 01 May 2009
• December 2008 - Immigration Law Update
  Published 01 Dec 2008
• September 2008 Immigration Law – Press Release
  Published 01 Sep 2008
• August 2008 - Immigration Law Update
  Published 01 Aug 2008