January Update: High Court Decision for Employers | Safe Harbour Protection | Concluding our 10th year in business | Events
Pragma Lawyers
We help our clients avoid and resolve disputes in the most efficient way so they can focus on what's important to them.
Happy New Year.
In this brief update we provide you with an update on the latest law relating to termination processes for staff arising from the High Court's decision in Vision Australia published at the end of last year. We have also included a?detailed article on the safe harbour provisions of the Corporations Act which afford protections to directors of distressed businesses.?Please feel free to reach out to us for further information on either topic.?
Self-indulgently, today concludes our?10th year in business. Since our inception, we have:
As always we are continuing to participate in and host various events for the benefit of our clients and referrers this year. If you are into?golf?or supporting youth mental health charity Zero2Hero,?we are partnering with Seer Financial Group to host an Annual Corporate Charity Golf Day?on Thursday, 10 April. If you would like to be involved, read more below and reach out to Steve Archibald on [email protected] or?+61?(0)?8?6146?9554.
Finally, we use this opportunity to introduce two experienced new members of our team: Special Counsel Tom Ledger and Senior Associate Michael McManus.?You can read more about each of them below.
We are looking forward to 2025.?We hope to be able to work?with you again this year. ?
Please?reach out?if we can assist you.
Best wishes,
Pragma Directors
High Court Recognises Damages for Psychiatric Harm Arising from a Flawed Termination
The High Court of Australia has made a landmark decision in employment law, now recognising damages for psychiatric injuries caused by unfair dismissal.
In Elisha v Vision Australia Limited [2024] HCA 50, the Court clarified that liability for psychiatric harm is not beyond the scope of an employer’s contractual duty if such harm is reasonably foreseeable as a result of a breach.
Key takeaways for employers:
? Contractual Clarity: Avoid inadvertently incorporating policies, procedures, and agreements into employment contracts.
? Adherence to Processes: Follow disciplinary and termination processes objectively and in line with agreed procedures.
? Transparency: Provide employees with all relevant allegations and information to allow a fair opportunity to respond.
? Bias-Free Investigations: Ensure workplace investigations are impartial and thorough.
You can read the article in full on our website or at the link below.
Safe harbour in the spotlight
The Star’s recent engagement of Safe Harbour provisions under the Corporations Act 2001 (Cth) highlights the importance of directors understanding their obligations when dealing with potential insolvency.
Directors must prevent insolvent trading, as failing to do so can result in severe consequences like personal liability, disqualification, and financial penalties. The Safe Harbour provisions offer a defence if directors take actions likely to result in a better outcome for the company and creditors than immediate liquidation.
Steps could include raising capital, cutting costs, negotiating with creditors, or restructuring. Acting promptly and seeking tailored advice from qualified professionals is essential to ensure compliance and protection under these provisions.
If insolvency concerns arise, you can reach out to our Restructuring & Insolvency?team for expert guidance.
Introducing Special Counsel Tom Ledger
?Tom Ledger joined our team in 2024 as Special Counsel within our dispute resolution?and litigation team. Tom has particular expertise in commercial disputes, judicial review, appeals and regulatory prosecutions.
Tom was admitted to the Supreme Court of Western Australia in 2019 and?spent the first 5? years of his career at the State Solicitor’s Office.?He then moved to a major national law firm in their litigation team where he advised private sector clients including large proprietary companies, ASX-listed corporations and native title body corporates.
Prior to practising law, Tom played football for?St Kilda Football Club.
Learn more about Tom's expertise and connect with him via his professional profile on our website or through the link below.
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Welcome to Senior Associate Michael McManus
Michael McManus?joined our team on 9 December 2024 as a Senior Associate within our business and commercial law?team.?
Michael was admitted to practice in Western Australia in 2017 and?provides comprehensive advice across commercial and corporate law matters, assisting clients with contractor agreements, corporate governance, commercial contracts, e-commerce terms, tender submissions, business sales and intellectual property.
Michael also has significant experience and expertise in employment law. Michael can provide practical, streamlined solutions for businesses grappling with the complexities of our IR system and can advise businesses on managing compliance risks in their commercial context.
Learn more about Michael's expertise and connect with him via his professional profile on our website or through the link below.
SEER and Pragma Lawyer's Corporate Charity Golf Day for Zero2Hero ?
We are excited to announce that we have partnered with Seer Financial Group this year for their annual?Corporate?Charity Golf Day?for Zero2Hero?on Thursday, 10 April.?
The day offers a wonderful chance to raise essential funds for a cause that Seer and Pragma are deeply passionate about, all while enjoying a fun-filled day, great company, and fantastic networking opportunities. ?
The event details:
Participation opportunities:
To secure your participation, reach out to [email protected]. You can view further event details at the link below.?
Fundamentals of Contracts: Understanding Your Position
This month, Pragma’s Senior Associate?Matt Micale and Lawyer?Renee Black from our Commercial and Business Law team hosted an engaging session on "Fundamentals of Contracts: Understanding Your Position", joined by valued friends of our firm.
Matt and Renee emphasised that strong contracts that outline clear, enforceable terms are an important safeguard for business, helping to minimise exposure and the risk of potential future disputes.
If you would like a copy of Matt and Renee's presentation, feel free to contact us at [email protected].
The Year in Employment Law with Hunter Manning and Norfolk Workplace Consulting
Thank you to everyone who joined us at our office?for an insightful 2024 workplace law wrap-up in December, presented in collaboration with Hunter Manning and Norfolk Workplace Consulting.
Pragma’s Employment Law Director, Elizabeth McLean, and Norfolk’s Principal Consultant, Chondelle McKay, shared their expert perspectives on recent legislative changes and what businesses should prepare for this 2025.
If you would like a copy of Elizabeth and Chondelle’s presentation, feel free to contact us at [email protected].
Politics & Business breakfast with Hon. Mia Davies MLA ?
Last month, Pragma Lawyers had the privilege of partnering with Business News for the Politics & Business Breakfast featuring Hon Mia Davies MP.
The team heard from Mia as she shared her plans for Bullwinkel and how her experience can shape the future of WA at a national level.
Thank you to all who joined us.