The Mercury has risen, Paul Kelly is making gravy, Christmas is just around the corner and the Christmas parties are now in full swing.
Christmas parties for employers and employees provide a welcome relief from the day-to-day stress of being in business. It is an opportunity for employers to show their appreciation for the year’s hard work to their employees.
Both employers and employees should be wary however, that a Christmas party even if it is outside of office hours and at a different venue than the normal workplace is still defined as “in the course of employment”.
A recent decision in the Fair Work Commission saw an employee whilst behaving in an otherwise inappropriate and offensive way, did not constitute grounds for dismissal. The Member in that decision noted several reasons, the most notably being that the employer allowed unlimited alcohol consumption. In this case it was found that it was “entirely predictable that some individuals will consume an excessive amount and behave inappropriately”. One of the basis of this decision was it was contradictory for an employer to supply endless alcohol and then dismiss an employee as a result of behaviour affected by the endless supply of alcohol.
Employers can be liable for actions of their employees at work related events these include Christmas parties.
It is however, important to remember that Christmas parties are a time to enjoy your colleagues’ company in a more relaxed environment. In the spirit of the season Everingham Solomons provides a Do’s and Don’ts for both Employees and Employers for the Office Christmas Party Season;
Do’s
Turn up! Get to know your colleagues outside the office environment.
Choose your karaoke song wisely;
As alcohol will normally be served at office events, employers should organise travel arrangements, such as a taxi or courtesy bus to ensure their employees get home safely.
Ensure your staff are reminded that a Christmas party is a workplace event and the expectation is that behaviour will reflect this. A timely reminder to staff of any existing office policies and procedures, particularly in relation to sexual harassment and bullying would also be relevant.
Monitor your own behaviour this includes alcohol consumption
Enjoy yourself!
Don’ts
For employers if you receive a complaint post the Christmas party, take it seriously and investigate it as you would any other office incident.
Do not do something you know you would not be allowed to do in the office. Remember policies of your workplace apply.
Remember, the Christmas party is not the time to campaign for a pay rise!
Employees and employers should refrain from posting photos of the Christmas party and social media to avoid embarrassing pictures of themselves and colleagues entering the Twittersphere
The simple message for all is to enjoy yourselves in a responsible manner. Everingham Solomons wishes everyone a safe and Merry Christmas please don’t drink and drive. Helping You is Our Business.
It is very common for the owners of a business operating through a company to have to provide a personal guarantee of the debt owed to the bank by the company. The Code of Banking Practice requires banks to give notice of particular features of guarantee and indemnity documents to business owners before such documents are executed. Often, however, that process is rushed in order to get a particular transaction over the line.
In a recent case from Victoria, a senior business banking manager presented a sophisticated business owner with various finance documents, including a guarantee and indemnity. The banker spent 15 to 30 minutes discussing the documents with the business owner and then pointed him to where they were to be signed. The business owner did not read the documents before signing. He thought he was only guaranteeing a portion of the company’s loan, not the full $8 million. The banker did not tell him he would be liable for the full amount if the company defaulted.
When the company later defaulted on the loan and the bank sued the business owner for the debt, he brought a counter-claim on the basis that the Code had been breached. The Court scrutinised the process the banker had followed and found that he did not comply with the Code. The guarantee and indemnity was held to be void, and the business owner was able to avoid liability for the $8 million.
What does this mean for you, the everyday business owner? It probably means that bankers will go to extra lengths to provide you with finance documents earlier to read and they will likely double and triple check with you that you have read and understood them. More likely, bankers will become more insistent that business owners obtain independent financial and legal advice on business banking documents before they are signed.
Our team at Everingham Solomons is well equipped to advise business owners on the legal aspects of financing your business because Helping You is Our Business.
Click here for more information on Keiran Breckenridge
Everingham Solomons are pleased to announce that once again a Tamworth, Quirindi, Gunnedah or Manilla Year 12 student wishing to undertake university study in Law will have a valuable opportunity to receive the benefits of our Law Bursary.
The Sir Adrian Solomons Memorial Law Bursary provides financial assistance for the successful applicant during their first year of university as well as an opportunity to gain valuable paid work experience in our offices periodically throughout the duration of their studies.
All Principals of local High Schools have been contacted and advised of the details. Interested students should liaise with the Principal or Careers Advisor of their school, who will assist them in making a formal application for this Bursary.
We emphasise that the selection process does not depend solely on academic merit. We appreciate that students come from a variety of backgrounds and accordingly the selection process concentrates on the attributes of the student as a whole, rather than solely academic achievement.
The Bursary has gained widespread interest since its inception and continues to provide a valuable opportunity for current Year 12 students wishing to pursue a legal career. The Bursary is also open to students currently undertaking a gap year who will be commencing university study in 2015.
Everingham Solomons view the Bursary as a continuing commitment to young people in the communities of Tamworth, Quirindi, Manilla and Gunnedah and we encourage interested students to apply. Applications will be accepted until 30 September 2016.
Click here for more information on Terry Broomfield.
The requirement that before a property can be sold or leased, the owner or landlord must have an up-to-date swimming pool certificate of compliance, has been postponed more than once. New laws have now been introduced which allow sellers to pass on the obligation for swimming pool barrier compliance to buyers. For affected properties, the new laws will apply to any contract for sale signed on or after 29 April 2016.
The main changes that operate from 29 April 2016 include the following:
Contracts for sale of land with pools must attach one of the following:
a valid certificate of compliance;
an occupation certificate (for newly constructed swimming pools instead of a certificate of compliance); or
a certificate of non-compliance (if a pool barrier does not comply) EXCEPT FOR:
Strata and Community Schemes that comprise more than 2 lots, or an off the plan contract.
Failure to attach 1., 2. or 3. to the contract is an offence and may give a buyer the right to rescind the contract. If the contract is rescinded by a buyer, the seller must refund the deposit in full to the buyer.
Sellers are now able to transfer the obligation of obtaining a ‘certificate of compliance’ to the buyer by an appropriately drafted contract that attaches a ‘certificate of non-compliance’ to the contract.
The buyer of a property with a non-compliant swimming pool has 90 days from the date of settlement to address any issues of pool barrier non-compliance and obtain a certificate of compliance.
For sellers you need to make sure you are aware of your obligations when selling residential property. A real estate agent must not offer your residential property for sale unless a complete contract is prepared attaching all the prescribed documents and is available for inspection by prospective purchasers at the real estate agent’s registered office. Failure to do so is an offence and can result in the imposition of a penalty. For buyers you should make sure you get a copy of the notice that outlines the issues and rectification works needed before signing any contract that attaches a certificate of non-compliance so you can cost the work that needs to be done before you commit yourself to purchase.
At Everingham Solomons, we have the expertise to assist you with all of your legal matters including buying and selling property because Helping You is Our Business.
Click here for more information on Lesley McDonnell
Last December, the NSW Premier, announced a number of changes to the Road Rules Act (NSW) 2014 that commence on 1 March 2016. These changes affect cyclists, motorists and pedestrians and can be broadly split into three categories.
Drivers must give cyclists at least 1 or 1.5m of space. When driving past a cyclist in a 60kmph zone you must allow 1m and if its a100kmph zone, 1.5m must be allowed. To ensure the proper space is left for the cyclist, as long as a driver has a clear view of oncoming traffic, the driver is allowed to do a number of other things such as drive on painted islands and cross to the incorrect side of the road.
Cyclists over 18 must carry photo identification. The form of the required photograph for identification is unclear at the moment. The legislation does not appear to require a driver’s license or an RMS identification card, however this will need to be clarified.
Increased penalties for cyclists. These fines will increase so that they are in line with offences committed by motorists/motorbike riders:
not wearing a helmet $171 to $319;
running a red light $71 to $425;
riding dangerously $71 to $425;
holding onto a moving vehicle $71 to $319;
not stopping for pedestrians $71 to $425.
These are some of the increases and there are many others but those outlined above include the major changes.
If you require any assistance in respect to these or other matters, please do not hesitate to contact us at Everingham Solomons because Helping You is Our Business.
Everingham Solomons are still accepting applications from Tamworth, Quirindi, Gunnedah or Manilla students for the Sir Adrian Solomons Memorial Law Bursary.
The Sir Adrian Solomons Memorial Law Bursary was first given in 1998. It provides financial assistance for the successful applicant during their first year as well as an opportunity to gain valuable work experience in our offices periodically throughout the duration of their studies.
The Principals of local High Schools have been contacted and advised of the correct format for submitting applications. Interested students should liaise with the Principal or Careers Advisor of their school, who will assist them in making a formal application for this Bursary.
We emphasise that the selection process does not depend solely on academic merit. We appreciate that students come from a variety of backgrounds and accordingly the selection process concentrates on the attributes of the student as a whole, rather than solely academic achievement.
The Bursary has gained widespread interest since its inception and continues to provide a valuable opportunity for current Year 12 students wishing to pursue a legal career.
Everingham Solomons view the Bursary as a continuing commitment to young people in the communities of Tamworth, Quirindi, Manilla and Gunnedah and we encourage interested students to apply.
Applications will be accepted until 30 September, 2014 with interviews conducted during October. A final decision as to the recipient is made in January once university acceptances are confirmed.
Are you wanting to study Law next year at University? Great news – the applications are now open for the Sir Adrian Solomons Memorial Law Bursary.
Everingham Solomons are pleased to announce that once again a Tamworth, Quirindi, Gunnedah or Manilla Year 12 student wishing to undertake university study in Law will have a valuable opportunity to receive the benefits of our Law Bursary.
The Sir Adrian Solomons Memorial Law Bursary provides financial assistance for the successful applicant during their first year of university as well as an opportunity to gain valuable paid work experience in our offices periodically throughout the duration of their studies.
All Principals of local High Schools have been contacted and advised of the details. Interested students should liaise with the Principal or Careers Advisor of their school, who will assist them in making a formal application for this Bursary.
We emphasise that the selection process does not depend solely on academic merit. We appreciate that students come from a variety of backgrounds and accordingly the selection process concentrates on the attributes of the student as a whole, rather than solely academic achievement.
The Bursary has gained widespread interest since its inception and continues to provide a valuable opportunity for current Year 12 students wishing to pursue a legal career. The Bursary is also open to students currently undertaking a gap year who will be commencing university study in 2015.
Everingham Solomons view the Bursary as a continuing commitment to young people in the communities of Tamworth, Quirindi, Manilla and Gunnedah and we encourage interested students to apply. Applications will be accepted until 30 September 2014.
Click here for more information on Terry Broomfield.
Greetings my name is George Hoddle, I am the most recent addition to the Everingham Solomons Dispute Resolution Team.
I originally grew up on a farm in the Gunnedah area and my wife is originally from Armidale so the move has felt in some ways a bit of a home coming. I have been impressed with the economic growth and opportunities this area is providing.
With two children under two and having gone from a two bedroom inner city apartment to being able to have a menagerie of chickens, cats and dogs my family is thriving in its new country environment.
I am enjoying reconnecting with this great region and I am often on the road meeting with clients in the North West discussing what they require in legal services.
For the past 8 years I have been practicing in a commercial law firm based in Martin Place. During that time my practice was in the areas of commercial and common law litigation acting for companies, community groups and individuals across most State and Federal Jurisdictions.
Everingham and Solomons has impressed me with its continued pursuit of excellence and I am enjoying working with a team providing city standard service whilst competing on price and excelling in client service.
Our Dispute Resolution Team is headed by an accredited mediator. This helps us to explore all avenues available to our clients outside the traditional legal frame work. Some issues however, require a determination of a Court or Tribunal. In those circumstances, we are able to benefit from a combined experience of over 60 years of legal practice to prepare our client’s case for the best possible outcome.
Any form of legal dispute can be extremely stressful for all involved. At Everingham Solomons, our Dispute Resolution Team is committed to providing the most time and cost efficient outcomes for our clients because Helping You is Our Business.
Hello, my name is Keiran Breckenridge. I started with Everingham Solomons about a month ago in the role of Special Counsel. Before joining Everingham Solomons, I worked for another firm in the region for two years and, before that, I worked in Sydney at a couple of mid-sized commercial law firms. My family and I made our ‘tree change’ over three and half years ago, and we are all very happy to live, work and learn in this beautiful part of the world.
I have been admitted as a solicitor for over 17 years now. My practice is mainly in the commercial / business law field with particular focus on commercial disputes and insolvency law and practice. I am also assisting Everingham Solomons’ clients with their employment law needs. Each of these practice areas involves complex, challenging and emotional issues. After all, nobody in business likes being involved in a dispute with a customer, a supplier or a joint venture partner. So many people are impacted, both emotionally and financially, when businesses and individuals find themselves in financial difficulty. Everyone at home and at work is affected when an unfair dismissal occurs, someone is bullied or discriminated against, or it becomes necessary to lay people off. My job is to work with our clients when they find themselves in such situations and help find fast, commercially sensible and cost effective solutions. Sometimes we have to take up the fight for our clients. When that occurs, I am able to draw on years of experience in the various courts and tribunals in New South Wales and in the federal jurisdictions.
Outside work, my wife and I try to keep up with our daughters’ activities. Yes, the usual – basketball, then netball, then swimming, then hockey, the flute, double bass and so on. But I also play in an over 35s hockey competition myself, follow the league and the union (and any other sport really), try my hand at some DIY, and manage a vege patch and some chooks.
I am proud to now work for Everingham Solomons. Our firm has invested wisely in excellent people, systems and processes, which lets our lawyers focus on the needs of our clients and getting the job done. I amalready enjoying being part of the team.
Click here for more information on Keiran Breckenridge.
I have my reindeer antlers ready and my santa suit on standby; I have been reading the encyclopedia and atlas every night to brush up on my general knowledge. I am gearing up for the Women in Business Charity Trivia Afternoon co-hosted by Eversols and Forsyths Accountants.
With Anna Moulder of ABC New England North West as our Quiz Whiz Master, we will be hosting a trivia afternoon with a Christmas twist in support of World Vision.
Teams of six will battle it out to be crowned Trivia Quiz Whiz champions.
For a bit of fun, we are asking attendees to get into the festive spirit by wearing some Christmas bling.
All monies raised will be put towards purchasing gifts for women and children via World Vision’s Gifts program, such as “helping a woman start a business” and “sending a girl to school”.
Date: Thursday, 5 December 2013
Time: 3pm to 5pm
Venue: Forsyths, Level 3, V Guy Kable Building, 201 Marius Street, Tamworth
Ticket Price: $15 per person, tables of six
To reserve your table at the Women in Business Charity Trivia Afternoon, register at here by 2 December, or call the office on 02 6766 1066.
So get your Santa/thinking caps on and grab a friend, sister, mother or colleague to join you for an afternoon of Women in Business in support of World Vision.
Click here for more information on Rebecca Greenland.
The Mercury has risen, Paul Kelly is making gravy, Christmas is just around the corner and the Christmas parties are now in full swing.
