Termination of Employee by Administrators

Administrators lack faith: when termination of an employee can go wrong for an Administrator

By Lewis Holdway / September 11, 2017 /

The recent decision of South Head & District Synagogue (Sydney)(Administrators appointed) [2017] NSWSC 823 is a wake up call to Administrators and how they handle employees, particularly employees whose contracts contain particular religious belief systems or individuals who hold an office.  In this decision, His Honour Judge Brereton granted injunctive relief to a Rabbi preventing…

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workplace employment issues

Solutions for your Workplace Issues

By Lewis Holdway / September 1, 2017 /

At Lewis Holdway Lawyers, we understand that your employees are both your biggest asset and your biggest cost. We know that you might worry about how to:  Keep your staff Keep them accountable Manage them Deal with workplace bullying Terminate/dismiss them Protect your business Avoid an unfair dismissal claim Manage an unfair dismissal claim If…

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restraint of trade employment agreement

Restraint of Trade Provisions: Be careful making changes to employment arrangements

By Lewis Holdway / August 31, 2017 /

The recent decision of Crowe Horwath (Aust) -v- Loone [2017] VCSA 181, has held that restraint of trade provisions are unenforceable if the employer varies and therefore repudiates the contract. In this decision, the Court found that the employer had lost its ability to restrain its former employee from setting up in competition because it…

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minimum wage increase 1 July 2017

Increases to minimum wage, superannuation and unfair dismissal cap

By Lewis Holdway / July 6, 2017 /

1 July 2017 brought a number of changes that directly affect employees and employers. Following the Fair Work Commission’s decision on 6 June 2017, both the national minimum wage rate and the modern award minimum wage rates will increase by 3.3% from the first full pay period after 1 July 2017. Whilst the superannuation guarantee…

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volunteer or employee religious organisation employment lawyer melbourne

Cooking the Books in the Name of Religion: Employee or Volunteer

By Lewis Holdway / April 27, 2017 /

The Federal Circuit Court recently handed down an important decision that reminds both the not for profit sector, including religious organisations, of the need to pay close attention when engaging individuals as an employee or volunteer to work in their organisations. In the decision of Hindu Society of Victoria v Fair Work Ombudsman [2017] FCCA…

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Sham contracts: If it looks and sounds like a sham, it is a sham.

By Daniel Van Leuverden / December 4, 2015 /

By Adam Foster Wednesday’s decision from the High Court of Australia reminds us that employers need to be careful that they are not misleading individuals into believing that they are independent contractors when in fact they are employees. Contracting vs. employment has again entered into the spotlight in the High Court decision on 2 December…

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