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Changes to Modern Award annualised salary from March 2020

By Michael Pettit / October 8, 2019 /

The Fair Work Commission (FWC) has recently handed down a decision which will impact employers paying annualised salaries to employees covered by a Modern Award with an annualised salary clause. The new changes will take effect from 1 March 2020. The FWC decision finalises the terms of 3 new standard ‘annualised salary arrangement’ clauses, which…

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Crackdown on Underpayment of Wages

By Lewis Holdway / August 9, 2019 /

Federal Parliament is foreshadowing strong new penalties for employers who underpay their workers, including the introduction of criminal penalties. Recent Cases Underpayment has hit the headlines recently as George Calombaris has been ordered to pay a fine of $200,000 for the underpayment of $7.8 million. The penalty of $200,000 has been labelled as inadequate by…

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In the Gig Economy, some have stopped giggling

By Lewis Holdway / April 1, 2019 /

A recent decision by the Fair Work Commission (‘FWC’) found that a former Foodora rider was an employee rather than an independent contractor as purported by the delivery platform and therefore entitled to unfair dismissal protection. The decision of Joshua Klooger v Foodora Australia Pty Ltd could have far-reaching impact for other gig economy companies…

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Salary Sacrifice – Does it apply to Employment Termination Payments?

By Lewis Holdway / February 11, 2019 /

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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Reshmas Farrer Adren Choon Lewis Holdway Lawyers Melbourne

Lewis Holdway welcomes new lawyers, Reshma Farrer and Adren Choon

By Lewis Holdway / November 15, 2018 /

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 development of Adren and Reshma after both completing combined Bachelor…

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It’s time: dismissal resulting from change of roster

By Media Officer / October 1, 2018 /

What happens when an employee wants to change their hours due to study commitments? What happens if your employer cannot make reasonable adjustments to grant the request? The recent decision of Hoult v Belgravia Health and Leisure is a timely reminder to all employers that requests to reduce hours by employees don’t have to be…

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leave calculations employment workplace lawyers melbourne

Shift Cautiously:

Leave calculations under review

By Media Officer / September 3, 2018 /

A recent decision of the Fair Work Commission (FWC) has raised serious questions regarding how leave should be calculated. In short, the Full Bench of the FWC decided that a shift workers leave should be calculated based on the hours worked in a shift and not based on standardised hours of 7.6 per day. For…

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termination drunk employee unfair dismissal

Let’s not drink to that – termination valid for drunk employee at Christmas party

By Lewis Holdway / August 30, 2018 /

The recent case of Vai v Aldi Stores is a warning to employees that after-hours misbehaviour can lead to termination of employment.  In this case, Vai threw a glass of beer over the heads of colleagues at a staff Christmas party. This incident occurred after the employee had been counselled by managers to settle down…

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termination notice period unfair dismissal lawyers melbourne

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

By Lewis Holdway / August 21, 2018 /

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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paid paternal leave underpayment employment lawyers melbourne

Parental Leave – Pay it or else

By Lewis Holdway / August 16, 2018 /

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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Lewis Holdway Lawyers

+613 9629 9629

+613 9629 9630

ceo@lewisholdway.com.au

Level 2, 91 William Street, Melbourne, 3000

P.O. Box 138, Collins Street West, Victoria 8007

DX Mail: DX 650 Melbourne