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Written by Kim Wilkinson on . Posted in Christian Media Law notes

EF100yrsLogo2sponsored article from Emil Ford Lawyers

This issue of Christian Media & Arts Law Notes reminds Boards that they are liable for penalties relating to Tax breaches and when Dismissal might be classed as unfair…


EFBoardWarningsWarning to Board Members of Not-for-Profits

In a recent decision of the Supreme Court, the director of a company that failed to remit more than $600,000 of withholding tax to the ATO was held to be personally liable for that amount. This case should remind board members of not-for-profits that they too could be liable for penalties relating to breaches of the Taxation Administration Act 1953 (‘TAA’) if they fail to take all reasonable steps to ensure that their company complies with its taxation obligations.

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Fair or Unfair? Lessons to Learn from a Dismissal

EFDismissA school dismissed a teacher on the grounds that she had engaged in ‘disgraceful, improper or unbecoming conduct’ when she:

  • read out a statement listing grievances that she had with the school at an all-of-school meeting;
  • sent an email to the entire School Distribution List (that is, all staff members), criticising both past and present staff members and leadership at the school;
  • continued to send emails to all staff members, despite having been told not to do so by the Acting School Principal; and
  • again sent an email to all staff members, in defiance of the Acting School Principal’s instructions, further criticising the school leadership.

In response, the teacher successfully brought a claim before the Fair Work Commission. How could that be?

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