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don't sack employee by phone, text or email

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

By Lewis Holdway / August 9, 2018 /

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

By Lewis Holdway / July 26, 2018 /

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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redeployment redundancy acceptable offer employment workplace lawyers melbourne

Redundancy pay – is your offer of redeployment acceptable?

By Lewis Holdway / July 12, 2018 /

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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unfair dismissal application termination employment lawyers melbourne

Exceptional Circumstances – Get the paper work right or pay up

By Lewis Holdway / June 18, 2018 /

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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Fired for using Facebook after hours Employment lawyer melbourne

Fired for using Facebook after hours: It's possible.

By Lewis Holdway / March 8, 2018 /

A recent decision of the Fair Work Commission has confirmed a proactive employer’s approach to investigating an out of hours incident involving an employee, social media and inappropriate material. In the decision Cowell v Sydney International Container Terminals Pty Ltd [2018] FWC 174, the Commission allowed an employee’s sacking for misconduct even though the employer…

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ChildSafe Australia Road Show

ChildSafe Australia Road Show

By Lewis Holdway / February 26, 2018 /

Lewis Holdway are proud to be part of the ChildSafe Road Show series of events around Australia. You can view the locations of the road show events here.  The ChildSafe Australia Road Show is responding to the Royal Commission Enquiry into Institutional Responses to Child Sexual Abuse and offers low cost information sessions for community…

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Volunteer | Bullying claim | Fair Work | Not for profit organisation | Employment Law Melbourne

Volunteer cleared to make a stop bullying claim against NFP

By Lewis Holdway / February 19, 2018 /

The recent decision of Peter Ryan –v- RSL Queensland (“Ryan’s case”) is an important reminder for all not for profit organisations.  No matter how big or small, where you have volunteers and employees, volunteers will more than likely be able to access the Fair Work anti bullying regime if they are deemed a worker. In…

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performance manage employee employment lawyer melbourne

How to effectively manage the performance of your employee

By Lewis Holdway / December 18, 2017 /

Once you’ve got employees, at some point you might be forced to address underperformance of an employee. It’s important to consider what outcome you are trying to achieve. It’s also important to conduct the process with a view to avoiding an unfair dismissal claim should the process result in termination of the employee. Your Employment…

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employment lawyer melbourne

Workplace Landscape for 2018

By Daniel Van Leuverden / December 6, 2017 /

By Adam Foster This year has seen many changes to the landscape of workplaces across Australia. Looking back, we can see that significant changes have either happened, or are on the way. A few noteworthy developments include the well-publicised changes to penalty rates for the retail and hospitality industries. Those changes will now come into…

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unfair contract terms

The ACCC Initiates its First Case for Breach of Unfair Contract Terms

By Daniel Van Leuverden / November 22, 2017 /

By Caroline James In November 2016, the Competition and Consumer Act 2010 (Cth) was amended to extend the prohibitions against ‘unfair contract terms’ to small businesses. We have written a number of articles on this topic which can be found here. In September 2017, the Australian Competition and Consumer Commission (ACCC) initiated its first case…

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