Employment Law and OH&S Harwood Andrews Employment Law and OH&S Harwood Andrews

Fair Work Commissioner warns against “first and final” warnings

In a decision of the FWC handed down this week, Fair Work Commissioner Bissett decided that an employee who had been dismissed for a breach of his employer’s zero tolerance drug and alcohol policy was unfairly dismissed, because of reliance placed by the employer on an previous “first and final” warning which was found not to be warranted.

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Banking and Finance, Commercial Contracts Harwood Andrews Banking and Finance, Commercial Contracts Harwood Andrews

90 day “PPS Lease” Abolished

From today, 1 October 2015, the Personal Property Securities Act will no longer operate to automatically give rise to a security interest in serialised goods (e.g. motor vehicles, motorhomes, aircrafts etc.) that are leased or bailed for a term of less than 12 months.

This is in contrast to the now outdated law which provided that leases or bailments of serialised goods for a period of more than 90 days, automatically created a security interest in the goods in favour of the lessor or the bailor. This meant that a lessor or bailor had to register a security interest on the Personal Property Securities Register (Register) to protect their interest in the goods. 

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