Lewis Holdway News
Get it in writing: why high stakes agreements are best written up.
The recent case of Pipikos v Trayans [2018] HCA 39 is a sage reminder that you are safest when your agreements are in writing. In this case, Ms Velika Trayans had bought a property in 2002 at Clark Road, Virginia South Australia (“Clark Property”) with her then husband George. In 2004, George’s brother, Mr Leon…
It’s time: dismissal resulting from change of roster
What happens when an employee wants to change their hours due to study commitments? What happens if your employer cannot make reasonable adjustments to grant the request? The recent decision of Hoult v Belgravia Health and Leisure is a timely reminder to all employers that requests to reduce hours by employees don’t have to be…
Increased Penalties Under the ACL
The Australian Consumer Law (ACL) has been amended to increase the maximum penalties that can be handed down for breaching the ACL. The increase came into effect on 1 September 2018. Previously, companies faced a maximum penalty of $1.1 million per consumer law breach and individuals faced a maximum penalty of $220,000 per breach. The amendments are…
Shift Cautiously: Leave calculations under review
A recent decision of the Fair Work Commission (FWC) has raised serious questions regarding how leave should be calculated. In short, the Full Bench of the FWC decided that a shift workers leave should be calculated based on the hours worked in a shift and not based on standardised hours of 7.6 per day. For…
Let’s not drink to that – termination valid for drunk employee at Christmas party
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…
Pedalling Uphill: Failure to give notice puts a brake on unfair dismissal
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…
Parental Leave – Pay it or else
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…
Do it right: Don’t sack by phone, email or text
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…
Don’t get left behind: Changes to Long Service Leave in Victoria
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…
Family Law Q&A – Financial Settlements – Part 4
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…
Redundancy pay – is your offer of redeployment acceptable?
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…
Exceptional Circumstances – Get the paper work right or pay up
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…