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+613 9629 9630
ceo@lewisholdway.com.au
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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 / 0 Comments

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 / 0 Comments

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 / 0 Comments

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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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 / 0 Comments

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 / 0 Comments

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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Family Law Q&A – Financial Settlements – Part 4

By Lewis Holdway / July 12, 2018 / 0 Comments

Episode 4: Financial Settlements If you go through a process of separation or divorce, do you have to have a financial settlement? You don’t have to have a financial settlement, however you leave yourself at risk of a claim in the future by your spouse or partner if you do not, particularly if you don’t…

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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 / 0 Comments

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 / 0 Comments

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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resolve dispute not for profit lawyers melbourne

How to resolve a dispute within your

Not-for-Profit organisation

By Lewis Holdway / May 14, 2018 / 0 Comments

Disputes over governance and control within Not-for-Profit organisations can happen. We can help you take good steps to resolve the dispute effectively, and avoid actions that will harm the prospects of obtaining a successful end-outcome. In our experience, here are some examples of things that can help to resolve a dispute effectively: 1. Have a…

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Made in Australia Australian Consumer Law Lewis Holdway Lawyers

Can I say that my goods are ‘Made in Australia’?

By Lewis Holdway / April 9, 2018 / 0 Comments

The Australian Competition and Consumer Commission (‘ACCC’) is urging businesses to review any ‘country of origin’ claims that they have made to ensure compliance with the Australian Consumer Law (‘ACL’). The ACL contains prohibitions against misleading and deceptive conduct generally, and also specifically in relation to the place of origin of goods and the nature,…

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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