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 /

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

By Lewis Holdway / December 5, 2016 /

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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Underpayments | Employment Lawyer Melbourne

Underpayments – a risk too great to overlook or ignore

By Lewis Holdway / October 31, 2016 /

The recent class action brought against Appco, coupled with the recent high profile 7Eleven underpayments scandal highlights yet again the growing awareness of employees as to their entitlements, and an increased willingness to ensure that employers are paying employees correctly. But there are more important lessons for employers across the all sectors, including the not…

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annual leave cash employment lawyers melbourne

Annual Leave now a cash cow?

By Lewis Holdway / September 8, 2016 /

Recently, the Fair Work Commission varied many awards with new or changed terms about taking annual leave. Most changes take effect from 29 July 2016. There are changes to rules about: cashing out annual leave; taking annual leave in advance; managing large (‘excessive’) annual leave balances; and payment for annual leave. Many of these changes…

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Minimum Wage Increase

By Daniel Van Leuverden / May 31, 2016 /

By Adam Foster Today, the Fair Work Commission concluded its review into the minimum wage. The Fair Work Commission determined that it was appropriate to increase the National Minimum Wage and all Awards by 2.4 per cent. From 1 July 2016, the national minimum wage will be $672.70 per week, or $17.70 per hour. The…

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unfair dismissal from related entities employment lawyer melbourne

Guilt by association: Successful claim for unfair dismissal from related entities

By Daniel Van Leuverden / May 12, 2016 /

On 9 March 2016, Vice President Watson handed down the decision of Atherinos -v- Bariano Group Pty Ltd in case about unfair dismissal and related entities. The decision is a reminder that employers cannot rely on an employee being employed by different entities over different periods if they are associated, when attempting to claim that…

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sack employee probationary period employment lawyer melbourne

One Complaint too many? – the sacking of an employee during a probationary period that went horribly wrong

By Daniel Van Leuverden / March 21, 2016 /

The recent decision of Anderson –v- BNP Paribas Securities Services (“BNP”) [2015] FCCA 2231 is a timely and cautionary warning to employers who seek to terminate an employee during the probationary period. Ordinarily, the minimum employment period applies regardless of any probationary period which may be stipulated in the employee’s contract of employment. Under the…

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Too much Christmas cheer?

By Daniel Van Leuverden / December 10, 2015 /

By Adam Foster It is common practice in Australia for employers to hold Christmas parties for their employees as a token of gratitude above and beyond any financial remuneration. This is good practice as it builds employee loyalty. Unfortunately there may be occasions where employees take advantage of their employer’s generosity and over-indulge in alcohol,…

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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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Does an Employee Accrue Annual Leave whilst on Workers Compensation?

By Daniel Van Leuverden / October 27, 2015 /

By Adam Foster The full Federal Court has confirmed that where relevant workers compensation legislation allows or permits an employee to receive annual leave or absence from work on paid workers compensation, they will be entitled to take and accrue annual leave under the National Employment Standards. The employee worked in New South Wales for…

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