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Posts by Lewis Holdway

Salary Sacrifice – Does it apply to Employment Termination Payments?

We recently acted for a Not For Profit organisation in a Fair Work Commission dispute. There was an issue related to the payment of an Employment Termination Payment (‘ETP’) to the terminated employee, namely whether ETPs can be salary sacrificed? Salary Sacrifice Arrangement A salary sacrifice arrangement (‘SSA’) or salary packaging or total remuneration packaging…

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Lewis Holdway welcomes new lawyers, Reshma Farrer and Adren Choon

Reshmas Farrer Adren Choon Lewis Holdway Lawyers Melbourne

Adren’s admission was moved by Peter North, Director of Business. We are delighted to announce that Adren Choon and Reshma Farrer have been admitted to practice as solicitors at the Supreme Court of Victoria.  Lewis Holdway Principals, Natalie Fielding, Paul Holdway and John Wardlaw, said it was exciting for the firm to witness and facilitate the…

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Pedalling Uphill: Failure to give notice puts a brake on unfair dismissal

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In the recent appeal decision of Miller v Urban Pedaler [2018] FWCFB 4166, the Fair Work Commission has sent a stark warning to all employers that raising performance issues and informing an employee that they are at risk of losing their employment must be dealt with appropriately. Background of Case In this case the Employer…

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Parental Leave – Pay it or else

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The decision of FWO v Noorpreet Pty Ltd is a decision that should put all employers on alert in relation to paid parental leave. The case was a prosecution undertaken by the Fair Work Ombudsman after an employer failed to pay an employee her government parental leave entitlements for more then five months. The employer…

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Do it right: Don’t sack by phone, email or text

don't sack employee by phone, text or email

The recent decision of Cachia v Scobel is a timely reminder that sacking an employee should be done in person. In this case the employer had followed the Small Business Code to conduct the process of termination, but when it came time to notify the employee that their employment was terminated they did so by…

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Don’t get left behind: Changes to Long Service Leave in Victoria

New changes to long service leave will affect all employers from 1 November 2018. The new changes represent a huge win for women, parents, and carers across Victoria in terms of flexibility of use of leave entitlements and the calculation of entitlements. But what practical effect will these changes have? The Victorian Parliament has recently…

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Family Law Q&A – Financial Settlements – Part 4

Episode 4: Financial Settlements If you go through a process of separation or divorce, do you have to have a financial settlement? You don’t have to have a financial settlement, however you leave yourself at risk of a claim in the future by your spouse or partner if you do not, particularly if you don’t…

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Redundancy pay – is your offer of redeployment acceptable?

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A recent decision of the FWC reminds employers of the need to ensure that alternative offers of employment when making an individual redundant are acceptable, and not simply comparable. In the decision of Lange v Zevenbergen, the employer made an application to the FWC to vary redundancy pay, as the employee, Zevenbergen had accepted alternative…

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Exceptional Circumstances – Get the paper work right or pay up

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A recent decision of the Fair Work Commission (FWC) is a timely reminder to employers to get their paper work right when dismissing an employee. Adams v Starfire – Background In Adams v Starfire, the employee made an unfair dismissal application out of time. Under s. 394(3) of the Act, an unfair dismissal application must…

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