+613 9629 9629

+613 9629 9630
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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 / 0 Comments

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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employee or volunteer lawyer melbourne

Volunteer or Employee?

By Lewis Holdway / March 30, 2017 / 0 Comments

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…

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unfair dismissal small business code employment lawyer melbourne

Small Business Code No Defence for Unfair Dismissal

By Lewis Holdway / March 23, 2017 / 0 Comments

In the recent decision of Brewer -v- On the Spot Dry Cleaners, one employer learnt the hard way when it was found that they had not followed the Unfair Fair Dismissal Small Business Code. The Fair Work Commission has reminded employers that they must get the termination process right, even when using the Small Business…

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working with children check WWCC - employment lawyers melbourne

Working with Children Check Changes

By Lewis Holdway / March 16, 2017 / 0 Comments

In our December 2016 edition of Directions, we flagged that some significant changes to the Working with Children Check requirements had been proposed by the Victorian Government. Click here for our article. The Victorian Parliament has now passed those changes.  At this stage they are scheduled to come into effect on 1 August 2017. We recommend…

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unfair dismissal - employment lawyers melbourne

Unfair Dismissal Claim: Dishonesty Never Pays

By Lewis Holdway / March 16, 2017 / 0 Comments

One employer learnt the hard way what happens when you lie about the reason for terminating an employee while at the same time trying to invoke the Small Business Code as a shield from an unfair dismissal claim. The recent decision of Mark Groves –v- Armitch Pty Ltd [2017] FWC 826 (“Groves Case”) confirmed, if…

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child-safe standards - employment lawyers melbourne - not for profit

New Child-Safe Standards in Victoria

By Lewis Holdway / March 16, 2017 / 0 Comments

On 1 January 2017, compulsory new child-safe standards came into force in Victoria.  They are designed to ensure that: the safety of children is promoted; child abuse is prevented; and allegations of child abuse are properly responded to.  Who do the new Child-Safe Standards apply to? As of 1 January 2017, the standards apply to: …

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genuine redundancy employment lawyer melbourne

Redeployment obligations under Genuine Redundancy – Be reasonable.

By Lewis Holdway / February 22, 2017 / 0 Comments

The recent Fair Work Commission Full Bench decision in Skinner v Asciano Services Pty Ltd [2017] FWCFB 574 has shed new light on what the Tribunal will consider to be a reasonable genuine redundancy. Generally speaking, there is no obligation on an employer to implement or facilitate a swap arrangement between employees whose positions are…

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social media policy employment lawyers melbourne

Termination for misuse of social media – police with the right policy in place

By Lewis Holdway / February 15, 2017 / 0 Comments

The recent case of Renton v Bendigo Health Care Group [2016] FWC 9089, is a timely reminder about the use and abuse of social media in the workplace. It highlights why employers need to have appropriate policy in place if they want to be able to lawfully terminate employees for misconduct. In the Renton case, a former employee…

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transfer of business unfair dismissal claim employment lawyer melbourne

Testing transfers: Getting the transfer of business right can stop unfair dismissal claims

By Daniel Van Leuverden / December 15, 2016 / 0 Comments

What happens when you purchase a business, and part of the assets are the employees? For employees, this can lead to confusion about whether they are continuing their years of service or whether they are starting afresh in a new place of employment. For employers, this can lead to confusion about whether they can terminate…

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fair-work-commission-employment-lawyers-melbourne-lewis-holdway-lawyers

Ignorance is not bliss: Ignore an unfair dismissal claim and process at your own peril.

By Lewis Holdway / December 5, 2016 / 0 Comments

The recent decision of Abra v SJJ Group Services Pty Ltd is a timely reminder to employers of the implications for not responding to an unfair dismissal claim. In this case, the employer was sent the claim, and did not respond to it. It did not participate in the conciliation conference. The Employer, although directed by…

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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