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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 /

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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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 /

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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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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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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