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The team at Coutts have the expertise and experience to stand behind you and give you legal advice in a language you understand... without the legal jargon.
Coutts welcomes the opportunity to help you start a business, purchase a business, or sell a business in Australia.
Coutts Commercial and Business team takes pride in providing comprehensive legal services to businesses of all sizes.
At Coutts, our legal team offer the best service in a time where you feel at odds with the law.
Coutts provide expert legal advice in all employment related matters for both employers and employees including, but not limited to the following key areas.
Coutts provide legal advice in all areas of family law including; property settlements, divorce settlements, all types of parenting matters and the drafting of binding financial agreements and binding child support agreements.
At Coutts, we understand the devastating impact personal injuries can have, not only in a physical capacity, but also your emotional, mental and financial well-being also.
The important role conveyancers plays when people are buying and selling of property.
Have you been called as a witness by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability? If so, you may be eligible to receive government funded legal representation.
A will is a legal document that specifies how you wish your assets and liabilities to be distributed following your death.
Yes, the federal government will allow you to ask your employees to assist in the guarding of infection in the workplace.
Not unless under direction or you have a policy that is reasonable and lawful.
Yes, if they’ve been to a hot spot that is identified you can direct that they get tested and isolate for 14 days. If they have breached a health order, you can stand down and investigate (ie. attended a protest).
Yes, work has to be the main contributing factor.
No not unless they are sick.
You can have a vaccination policy and direct vaccination however it is not mandatory unless the direction is lawful and reasonable or a direction by the government.
Yes for some and No for others
Yes, if they are sick they can access sick leave.
No one can be made to be vaccinated unless under direction by the government.
Lying falls under misconduct. You can instigate an investigation and stand the person down with pay, while you investigate.
Look at reasons why the employee did not want to have it. Can you put measures in place such as masks and testing or other opportunities to deploy? If not, it is likely that the employer would be able to lawfully dismiss them.
The employer has an obligation to take reasonable care. Ensure it is in relation to health advice and ensure a suitable qualified person is administering, if you plan on doing so on the worksite.
Whilst they remain employed, entitlements accrue
Unless it is a government direction you cannot mandate a vaccination. However, in the interest of WHS you would need to look at the reasons why the person chooses not to vaccinate and the options you have to accommodate in the workplace. Vax passports – s92 of Constitution refers to freedom of movement between the states and any restriction must be justified as proportionate to legitimate objectives. But both state and federal have additional powers during a health emergency. They can make it very difficult for you to move around without one.
You cannot force leave at this stage as the leave enforceability clauses were lifted after the last covid outbreak. You can encourage staff to take leave, standdown and access the government disaster payments and also take leave to top up.
The ruling is that you cannot enter a workplace if you do not hate the jab. You do have a choice but some industries have made it mandatory due to risks:
Expect this list to grow. Otherwise, it has to be a lawful & reasonable direction by the employer – however always best to seek advice.
The State and Federal Government have the following support available:
https://www.nsw.gov.au/covid-19/2021-covid-19-support-package/businesses-sole-traders-and-small-not-for-profits#covid-19-business-grants
Also recommend you speak to your accountant about the grants/support available.
Redundancy needs to meet the Fair Work Commission rules and individual awards.
Fair Work Australia has provided the following information: Employers can only require their employees to be vaccinated where:
TOP TIP! Getting advice early can save you in the long run. Coutts has diverse and experienced lawyers & conveyancers who can give you solutions to your legal matters. If you have any legal questions come and see one of our team.