Trusts – Are your assets really protected?

Crackdown on Underpayment of Wages

By Lewis Holdway / August 9, 2019 /

Federal Parliament is foreshadowing strong new penalties for employers who underpay their workers, including the introduction of criminal penalties. Recent Cases Underpayment has hit the headlines recently as George Calombaris has been ordered to pay a fine of $200,000 for the underpayment of $7.8 million. The penalty of $200,000 has been labelled as inadequate by…

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paid paternal leave underpayment employment lawyers melbourne

Parental Leave – Pay it or else

By Lewis Holdway / August 16, 2018 /

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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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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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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New Fair Work Information Statement

By Daniel Van Leuverden / October 27, 2015 /

By Adam Foster On 1 July 2015 the Fair Work Ombudsman released an updated Fair Work Information Statement. The Fair Work Information Statement provides information on basic employment rights, such as the National Employment Standards. The Fair Work Information Statement, under the Fair Work Act, must be provided to all employees as soon as possible…

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Employees Entitlements: It Pays to Know the Act

By Lewis Holdway / September 21, 2015 /

By Adam Foster Further to our lead article for this edition of Directions on good governance in the Not-for-profit sector; the recent 7-Eleven scandal is an example of how damaging employee-entitlement errors can be for an employer. Thus making now a good time for employer organisations to take stock and ensure your organisation has covered…

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When work experience becomes less experience and just work

By Lewis Holdway / June 19, 2015 /

The employment landscape is becoming ever more competitive. This is good news for employers, because employers are able to choose from higher quality candidates. However, in light of the recent decision of Fair Work Ombudsman -v- Crock Media Pty Ltd, where the Court ordered a fine of $20,000 against Crock Media Pty Ltd (“Crock Media”)…

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