Pay attention to the effect of COVID-19 in the workplace!

As many enterprises and companies are trying to think about the post-COVID-19 market environment, in the uncertain period in the future, people may focus on improving efficiency and saving costs.

If you are working in an office or other non-labor jobs, all of this is fine, but working in factory distribution, construction, mining, and other manufacturing workers (eg, manufacturing and meat processing) will be the first to bear the brunt of health and safety.

When the overall production line of the factory increases by 10%, even if the working hours do not increase the same, although the numbers on paper or the boss ’s computer seem to be few, this is likely to cause excessive physical use and repetitive strain damage to workplace workers.

In a recent article published in the Journal of the Institute of Decision Sciences, co-authored by Dr. Di Fan, an Australian National University scholar, he found that companies with a 20% increase in debt and the number of violations of health and safety regulations were roughly proportional. Dr. Fan said: “We found that the company that obtained the loan did not invest this money in human capital, but used it to increase productivity, which puts operating workers at risk in this process.”

In all labor-intensive and production-process working environments, workers who work should raise their supervisors and managers with violations of work safety and unsustainable physical requirements, and keep complaints and results records. If an injury or pain occurs, they should consult a professional medical staff and seek legal assistance as soon as possible.

Injury and accident lawyers specialize in work-related injury claims. Workplace injuries are caused by continuous high speed and high-demand environments. In “over a period of time” claims, we have quite a few successful cases.

https://onlinelibrary.wiley.com/doi/abs/10.1111/deci.12338

I  made a new will and need to execute it. However, I cannot meet with my solicitor in person, nor organise two independent witnesses because of self isolation and social distancing. What should I do?

On 22 April, the Chief Justice of the Supreme Court of Queensland issued Practice Direction No.10 of 2020 (Practice Direction) and has given some practical solutions while we are in self isolation due to COVID-19 outbreak. However, it only applies to wills that are executed between 1 March 2020 and 30 September 2020. (It is not yet known that if this time period could extend depending on the COVID-19 spread.)

In summary, the above Practice Direction is now allowing the executor of Will to execute a testamentary document so long as it is witnessed by a solicitor using audio-visual technology provided that there is clear evidence showing that the testator intended the document to take immediate effect as their will.

However, the Practice Direction contains this condition:

That the reason why the testator was unable to execute the will in the physical presence of two witnesses was because of either government enforced or recommended, or self imposed, isolation or quarantine arising from the COVID 19 pandemic.

So you still must demonstrate that the reason you could not execute your will in the prescribed manner was due to COVID-19 pandemic and if the execution of an informal will is witnessed by a practitioner using audio-visual technology, it will be important to ensure that evidence is recorded and securely retained to prove satisfaction of about the various elements of the Practice Direction at the time a practitioner is involved.

We are open and as business as usual helping people who has legal needs.

Call 1800 GETHELP or email to us info@phoenix-law.com.au

Due to the current situation related to the COVID-19 our office has instigated several policies:-

• 1. Until further notice we will not be taking appointments in person.
• 2. Staff will be working both in our office and remotely from home. Due to this we cannot guarantee that Staff will be available should you call the office without first confirming availability by email .We ask that, unless there is an emergency or time sensitive matter associated with your file, all communication is by email .This will ensure prompt attention to your matter.
• 3.Due to the evolving situation with COVID-19, we are currently experiencing altered work patterns and additional workload pressures in a bid to ensure continuity of operations. This may result in a delayed response to your email and your patience is appreciated.

We understand these measures may cause inconvenience, however we are taking these measures to ensure that not only our staff, but also our clients are best protected and any risk minimised. Thank you for your assistance and understanding.

On 7 April 2020, the National Cabinet released the National Code of Conduct (Code) to SME industrial and retail tenancies affected by the COVID-19 pandemic.

The purpose of this Code is to impose the certain set of rules in negotiating good faith amendments to the existing leasing arrangements.

Who does the Code apply to?

The Code applies to all commercial leases, including retail, office and industrial leases where the tenant:

has an annual turnover up to $50 million; and
is suffering financial stress or hardship as a result of the COVID-19 pandemic, as defined by their eligibility for the Commonwealth Government’s JobKeeper programme.

Overarching Principles

The object of the Code is where the parties have an obligation to negotiate in “good faith” and act in an “open, honest and transparent manner”, whilst seeking to appropriately balance the interest of tenants and landlords.

It is intended that landlords will agree tailored, bespoke and appropriate temporary arrangements for each SME tenant taking into account their particular circumstances on the following on a case by case basis:

• • Landlords must not terminate leases due to non-payment of rent during the COVID-19 pandemic period or reasonable subsequent recovery period.

 

• Landlords must offer tenants proportionate reductions in rent payable in the form of waivers and deferrals of up to 100% of the amount ordinarily payable. Rental waivers must constitute no less than 50% of the total reduction in rent payable under principle over the COVID-19 pandemic period and should constitute a greater proportion of the total reduction in rent payable in cases where failure to do so would compromise the tenant’s capacity to fulfil their ongoing obligations under the lease agreement. Regard must also be had to the Landlord’s financial ability to provide such additional waivers. Tenants may waive the requirement for a 50% minimum waiver by agreement.

Example:

The tenant who pays $10,000 per month in rent and it has seen a drop in turnover of 60% in April 2020 when comparing to the same month in 2019. Under this Code, the landlord must:

1. 1. Grant a proportionate amount of waived rent equal to 50% of the reduction of turnover; and

 

1. The remainder of lost turnover is converted into rent repayments.

Calculation

• Reduction in turnover = 60%. Base Rent = $10,000
• 60% x $10,000 = $6,000
• Therefore $3,000 (50% of $6,000) of rent is written off and $3,000 of rent is deferred.
• This means that the tenant only has to pay $4,000 a month in rent during the COVID-19 pandemic.

 

• • Deferrals must be covered over the life of the lease and be no less than 24 months.

 

• • Any reduction in statutory charges (e.g. land tax, council rates) or insurance will be passed on to the tenant in the appropriate proportion applicable under the terms of the lease.

 

• • A landlord should seek to share any benefit it receives due to deferral of loan payments, provided by a financial institution as part of the Australian Bankers Association’s COVID-19 response, or any other case-by-case deferral of loan repayments offered to other Landlords, with the tenant in a proportionate manner.

 

• • Landlords should where appropriate seek to waive recovery of any other expense (or outgoing payable) by a tenant, under lease terms, during the period the tenant is not able to trade. Landlords reserve the right to reduce services as required in such circumstances.

 

• • If negotiated arrangements under this Code necessitate repayment, this should occur over an extended period in order to avoid placing an undue financial burden on the tenant. No repayment should commence until the earlier of the COVID-19 pandemic ending or the existing lease expiring and taking into account a reasonable subsequent recovery period.

 

• • There will be a prohibition on landlords charging interest on unpaid rent.

 

• • Landlords must not make a claim to a tenant’s security deposit or a bank guarantee for the non-payment of rent.

 

• • The tenant should be provided with an opportunity to extend its lease for an equivalent period of the rent waiver and/or deferral period. This is intended to provide the tenant additional time to trade, on existing lease terms, during the recovery period after the COVID-19 pandemic concludes.

 

• • Landlords agree to a freeze on rent increases (except for retail leases based on turnover rent) for the duration of the COVID-19 pandemic and a reasonable subsequent recovery period, notwithstanding any arrangements between the landlord and the tenant.

 

• Landlords may not apply any prohibition on levy any penalties if tenants reduce opening hours or cease to trade due to the COVID-19 pandemic.

Commencement/Expiry

The commencement date of the Code will be determined by each State and Territory, with the Code to apply from a date after 3 April 2020 for the period during which the JobKeeper programme is operational.

For landlord

If you are the landlord, you should carefully consider key listed above. The Code as it currently stands is more in favour of tenant.
When you negotiate the rent reduction with your tenants, we suggest that:

Request for relevant information and evidence to demonstrate that the tenants are eligible for relief under the Code. You may pay attention to tenants’ online sales and may seek comfort from the tenants’ accountants and bankers about the information provided by tenants;
Prepare a variation of lease or deed to protect your interests while still complying with the requirements of the Code.
Imposing regular reporting obligations to tenants on trading etc.

For Tenant

We recommend that you should commence discussions with the landlord as soon as possible in accordance with the Code, with a view to agreeing a reduction or deferral of rent payable under the tenancy agreements during the COVID-19 pandemic and a subsequent recovery period.

You should ensure that any approaches to the landlord is undertaken in accordance with this Code in good faith. You should also proactively and clearly communicate with your landlord regarding any decisions you make about full or partial closure of your premises.

Where both parties cannot reach agreement on leasing arrangements, the matter may be referred to state or territory retail/commercial leasing dispute resolution processes for binding mediation. However, there are significant questions regarding this dispute resolution process during this period. Even where mediations will be held via teleconferencing or videoconferencing, the sheer volume of matters that may be referred is likely to result in significant delays. Hence, it is practical to secure a good mutual resolution with the landlord as practically soon as possible.

For your legal needs, call Phoenix Law & Associates on 1800 GETHELP!

As business and corporations contemplate a post-COVID-19 market environment, it is likely that there will be a focus on greater efficiencies and cost savings in the uncertain times ahead.

This is all well and good if you work in the office or otherwise, in a non-physical role, but warehouse distribution, construction and mining, as well as other manufacturing processes like fabrication and meatworks, are likely to see corners cut on health and safety.

It may not seem like much on paper or the boss’s computer, but a production line increase of 10% overall, without the same additional increase in man-hours, is very much likely to cause overuse and repetitive strain type injuries to a labourer.

In a recent article published in the Journal of the Decision Sciences Institute, co-authored by ANU academic Dr Di Fan, found that companies with 20% increase in debt led to a roughly equal amount in breaches of health and safety regulations. “We found firms taking out loans did not invest this money into human capital – rather they used it to push productivity, which placed operational workers at risk in the process,” Dr Fan said.

All workers working in labour-intensive and process-work environments should bring issues of unsafe practices, unsustainable physical demands and models to their supervisor and managers and keep records of the complaint and outcome. If experiencing the onset of injury or pain, they should consult medical professionals and seek legal advice at the earliest opportunity.

Injury & Accident Lawyers (or Phoenix Law & Associates) specialise in work injury claims and have many success stories acting in “over a period of time” claims, where workers are injured as a result of sustained high pace, high demand environments.

If you encounter any problems, CALL 1800 GETHELP (4384357).

https://onlinelibrary.wiley.com/doi/abs/10.1111/deci.12338

Due to the current situation related to the COVID-19 our office has instigated several policies:-

• 1. Until further notice we will not be taking appointments in person.
• 2. Staff will be working both in our office and remotely from home. Due to this we cannot guarantee that Staff will be available should you call the office without first confirming availability by email .We ask that, unless there is an emergency or time sensitive matter associated with your file, all communication is by email .This will ensure prompt attention to your matter.
• 3.Due to the evolving situation with COVID-19, we are currently experiencing altered work patterns and additional workload pressures in a bid to ensure continuity of operations. This may result in a delayed response to your email and your patience is appreciated.

We understand these measures may cause inconvenience, however we are taking these measures to ensure that not only our staff, but also our clients are best protected and any risk minimised. Thank you for your assistance and understanding.