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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 /

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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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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Exceptional Circumstances – Get the paper work right or pay up

By Lewis Holdway / June 18, 2018 /

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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Fired for using Facebook after hours: It's possible.

By Lewis Holdway / March 8, 2018 /

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…

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Payroll that just doesn’t pay: Accountants targeted for accessorial liability in underpayment claims

By Daniel Van Leuverden / June 7, 2017 /

By Adam Foster In the recent case of FWO -v- Blue Impression Pty Ltd & Ors [2017] FCCA 810, the Federal Circuit Court recently held an accounting firm liable as an accessory to an employer’s underpayment of wages and breach of the Fair Work Act 2009 (Cth) (“Act”). In 2014, the Fair Work Ombudsman (“FWO“)…

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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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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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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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Termination of Employees subject to Domestic Violence

By Daniel Van Leuverden / October 27, 2015 /

By Adam Foster An employer was recently ordered to pay compensation under unfair dismissal laws after it terminated an employee who was subject to domestic violence by her partner, who was also a co-worker in the workplace. The Fair Work Commission found, amongst other things, that the employer had failed to adequately explore workplace options…

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