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Lewis Holdway News

redundancy and parental leave

Redundancy and Parental Leave: Failure to consult an employee results in Injunction

August 10, 2017

The Fair Work Commission has granted an injunction to prevent an employee on Parental Leave being made redundant. Find out the details of the recent case in Adam Foster’s latest article below. The article was originally published on our dedicated Employment and Workplace Law website, www.youremploymentlawyer.com.au. Redundancy and Parental Leave: Failure to consult an employee…

privacy lawyers melbourne cloud computing

Time to get off cloud 9 and start thinking about privacy

July 27, 2017

In an ever-evolving global and IT based market, active participants must understand privacy law considerations for Australian businesses which seek to store data, including personal information about individuals, in a cloud operated by an external cloud computing provider. Caroline James, Lawyer, had an article on privacy issues involved in cloud computing that was published in…

stop bullying order

Pre-Emptive Strike Stops Bullying Order

July 17, 2017

Check out the latest post relating to Bullying on our dedicated Employment Law website www.youremploymentlawyer.com.au. Pre-Emptive Strike Stops Bullying Order Related posts: Ignorance is not bliss: Ignore an unfair dismissal claim and process at your own peril. Small Business Code No Defence for Unfair Dismissal Increases to minimum wage, superannuation and unfair dismissal cap.

minimum wage unfair dismissal cap increase

Increases to minimum wage, superannuation and unfair dismissal cap.

July 6, 2017

Check out the latest post on our dedicated Employment Law website, www.youremploymentlawyer.com.au.   Increases to minimum wage, superannuation and unfair dismissal cap   Related posts: Ignorance is not bliss: Ignore an unfair dismissal claim and process at your own peril. Small Business Code No Defence for Unfair Dismissal Payroll that just doesn’t pay: Accountants targeted…

PPSR

Registering on the PPSR – to AB- or AC-N, that is the question

June 8, 2017

By Amanda Carruthers The recent decision of the Supreme Court of New South Wales In the matter of OneSteel Manufacturing Pty Ltd has provided a clear warning about the consequences of incorrectly registering your security interests on the Personal Properties Security Register (“PPSR”). When registering your security interest on the PPSR, the details you are…

Payroll that just doesn’t pay: Accountants targeted for accessorial liability in underpayment claims

June 7, 2017

By Adam Foster In the recent case of FWO -v- Blue Impression Pty Ltd & Ors [2017] FCCA 810, the Federal Circuit Court recently held an accounting firm liable as an accessory to an employer’s underpayment of wages and breach of the Fair Work Act 2009 (Cth) (“Act”). In 2014, the Fair Work Ombudsman (“FWO“)…

Fake Online Reviews, Real World Consequences

June 7, 2017

By Joshua Davis Aveling Homes, a Perth-based home builder, is being taken to Court by the Australian Competition and Consumer Commission (ACCC) for misleading representations concerning consumer review websites. It is alleged that the company created and controlled online review websites. They did this by actively creating review websites and giving the false impression that…

Unfair Consumer Contract Terms: No, You are Not the Exception

June 7, 2017

By Joshua Davis The Australian Competition and Consumer Commission (ACCC) has given a fresh warning that 2017 is the year to remedy unfair contract terms and prioritise the protection of small businesses. This announcement by the ACCC’s Deputy Chair follows the introduction of the new business-to-business (“B2B“) unfair contract terms laws in November 2016. (You…

commercial mediation dispute lawyers melbourne

The Impact of Psychological Priming in the context of Commercial Law Mediation

April 20, 2017

Many factors can influence how receptive a party will be to commercial mediation, and can impact their willingness and ability to develop and consider creative solutions, and their preparedness to engage meaningfully in the process, with an ultimate aim of settling the dispute. Some of those factors or “primes” (including colour, venue, and language choices)…

employee or volunteer lawyer melbourne

Volunteer or Employee?

March 30, 2017

The recent decision of Grinholz v Football Federation Victoria Inc. has provided much needed clarity surrounding the classification of volunteers’ vis a vis employees. In this decision, the Fair Work Commission was required to determine whether a coach, who was paid on honorarium was an employee or volunteer for the purposes of an unfair dismissal…