Lewis Holdway News
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…
How to resolve a dispute within your Not-for-Profit organisation
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…
Can I say that my goods are ‘Made in Australia’?
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,…
Fired for using Facebook after hours: It's possible.
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…
ChildSafe Australia Road Show
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…
Excessive Surcharges
Provisions in the Competition and Consumer Act 2010 (Cth) which prohibited large businesses from charging excessive surcharges for processing credit card, debit card or EFTPOS transactions have been extended to apply to any business that is either located in Australia or uses an Australian bank. This change came into effect on 1 September 2017. The…
Volunteer cleared to make a stop bullying claim against NFP
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…