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Managing Long-Term Sick Leave and Performance Issues Lawfully Managing employee performance can be challenging under any circumstances. When performance concerns arise alongside long-term illness or injury, employers often face an even more complex situation. Balancing operational requirements with legal obligations requires careful planning, procedural fairness and a clear understanding of employment law. In New South Wales, employers must consider obligations under the Fair Work Act 2009 (Cth), applicable industrial instruments and anti-discrimination legislation before making decisions about employees who are absent due to illness or injury. A failure to follow the correct process can expose a business to unfair dismissal claims, general protections disputes or disability discrimination complaints. At Maguire & McInerney Lawyers, we regularly advise employers and businesses throughout the Illawarra and New South Wales on employment law matters, including workplace investigations, performance management, disciplinary processes and lawful termination. Understanding the legal framework before action is taken can significantly reduce risk while supporting fair workplace outcomes. Long-term sick leave does not automatically end employment A common misconception is that prolonged absence from work automatically allows an employer to terminate employment. In reality, Australian employment law provides important protections for employees who are temporarily unable to work because of illness or injury. The length of an employee's absence is only one factor that should be considered. Employers must also assess the medical evidence, the employee's capacity to perform the inherent requirements of the role and the legal protections that apply. Before any employment decision is made, it is important to determine [...]

Franchise Agreements in NSW: What to Review Before You Sign Buying a franchise can provide an opportunity to operate an established business with the benefit of an existing brand, proven systems and ongoing support. However, entering into a franchise agreement is a significant legal and financial commitment that should never be approached lightly. A franchise agreement is often a lengthy and complex legal document that sets out the rights and obligations of both the franchisor and the franchisee. While the agreement may appear straightforward, its terms can have long-term consequences for profitability, operational flexibility and future business decisions. At Maguire & McInerney Lawyers, we regularly advise individuals and businesses on franchise agreements, commercial contracts and business acquisitions throughout New South Wales. Reviewing a franchise agreement before signing can help identify potential risks, clarify contractual obligations and provide greater confidence before making a substantial investment. What is a franchise agreement? A franchise agreement is a legally binding contract between a franchisor and a franchisee. The agreement allows the franchisee to operate a business using the franchisor's established brand, intellectual property, operating systems and business model. In return, the franchisee generally agrees to comply with operating standards and pay various fees throughout the term of the agreement. Although every franchise system is different, franchise agreements commonly address: the length of the franchise term; franchise and ongoing royalty fees; marketing contributions; operational requirements; training and support; exclusive or non-exclusive territories; renewal rights; termination provisions, and; dispute resolution procedures. Understanding these obligations before signing is [...]

What Happens If Your Builder Goes Into Administration or Becomes Insolvent in NSW? A builder entering administration or becoming insolvent can bring a residential construction project to an abrupt halt. Work may stop, progress payments may already have been made, and questions can quickly arise about unfinished construction, building defects and whether money can be recovered. In NSW, several legal and insurance mechanisms may apply when a builder experiences serious financial difficulty. However, administration and insolvency do not always produce the same outcome. The building contract, the stage of construction and the availability of Home Building Compensation Fund cover can all affect what happens next. At Maguire & McInerney Lawyers, we regularly assist property owners, builders, contractors and developers with building and construction law matters, including incomplete work, building defects, payment disputes and contractual issues. What does it mean when a builder goes into administration? Voluntary administration does not necessarily mean that a building company has permanently closed. Administration is a formal insolvency process. An independent administrator takes control of the company while its financial position is investigated. Creditors then consider what should happen to the company. Possible outcomes can include: returning control of the company to its directors entering into a Deed of Company Arrangement, commonly known as a DOCA placing the company into liquidation. Therefore, a builder entering administration does not automatically mean every building contract has ended. The administrator controls the company's affairs during this period and considers whether the business can continue or whether another outcome would [...]