Gym Operators Hiring Personal Trainers – Make Sure You Consider the Options and Understand the Legal Consequences of Getting it Wrong

Gym operators hiring personal trainers –make sure you consider the options and understand the legal consequences of getting it wrongCommercial gyms may engage personal trainers to work with their clientele and add value to the overall membership experience. Gym operators need to consider their approach to engaging personal trainers to maximise [...]

2019-08-14T15:33:24+10:00August 14th, 2019|Categories: Commercial, Employment Law|Tags: , |

Changes to the Unfair Dismissal High-Income Threshold from 1 July 2019

On 1 July 2019, the high- income threshold increased and is currently $148,700 per annum.  The threshold operates to limit an employee’s eligibility to be protected from unfair dismissal as defined in the Fair Work Act 2009 (Cth) (FWA) and is adjusted annually. This means that an employee who is not [...]

2019-07-18T11:21:40+10:00July 18th, 2019|Categories: Employment Law|Tags: , |

Time is running out for labour hire providers to apply for a licence – Victorian Labour Hire Authority to manage new licensing regime

Following the introduction of the Labour Hire Licensing Act 2018 (“Act”) providers and hosts in the Victorian labour hire industry will be subjected to greater scrutiny and regulation, beginning with the requirement to obtain a licence on or before 29 October 2019. Under the threat of heavy penalties, from 30 [...]

2019-07-04T11:00:43+10:00July 4th, 2019|Categories: Employment Law|Tags: , |

Retaining and Incentivising Key Employees

Retaining and incentivising key employees is an issue that nearly all businesses must confront at certain stages of their development and expansion. Generally, multiple options are available with pros and cons that need to be carefully considered based on the circumstances of the relevant business. The most commonly used incentives are [...]

2019-08-12T06:28:48+10:00June 20th, 2019|Categories: Commercial, Employment Law, Taxation|

Business Employment Starter Pack

Pointon Partners is pleased to announce that we have a package to help new or established businesses that do not have their employment arrangements documented. The package for $2,000 exclusive of GST includes: A comprehensive employment contract for full time employees; Dismissal handbook which guides an employer through the various [...]

2019-06-06T11:56:22+10:00June 6th, 2019|Categories: Employment Law|Tags: , , |

Ex-employees poaching clients and the misuse of an employer’s confidential information

In the wake of a recent decision by the Supreme Court of Victoria, employers are reminded that their clients are not automatically off-limits to ex-employees. Where clients transfer their business to former staff, employers must act quickly and decisively to enforce any applicable post-employment covenants and be prepared to obtain and [...]

2019-05-27T15:23:56+10:00May 27th, 2019|Categories: Employment Law, Litigation|Tags: , , |

Obtaining Biometric & Health data of employees. It is now more difficult than you think – implications of recent Fair Work decision

Lee v Superior Wood Pty Ltd (2019) FWCFB 95 The employer in question had announced the introduction of finger scanning. There were approximately 80 employees at the worksite in question and Mr Lee was the only employee not to register his fingerprints. He continued to sign in and out using [...]

2019-05-17T14:39:55+10:00May 17th, 2019|Categories: Employment Law|Tags: , |

What conflicts of interest mean for unfair dismissal – Matthew Boulton v Telstra Corporation Limited

The Fair Work Commission recently considered unfair dismissal in the context of conflicts of interest in the case of Mr Matthew Boulton v Telstra Corporation Limited [2019] FWC 370.  Telstra was found to have validly dismissed Mr Boulton for breaching its Conflict of Interest policy by buying and selling new and [...]

2019-03-06T15:21:34+11:00March 6th, 2019|Categories: Employment Law|

Employees terminated due to the “ordinary and customary turnover of labour” – Do employers need to make redundancy payments when they lose key contracts?

In the recent decision of Fair Work Ombudsman v Spotless Services Australia Ltd [2019] FCA 9, the Federal Court found that three employees terminated after Spotless lost a key contract with Perth International Airport were owed redundancy pay, despite Spotless asserting that an exception applied.General principles of redundancy payUnder s 119(1)(a) [...]

2019-02-18T15:40:43+11:00February 18th, 2019|Categories: Employment Law|

Casual Employment – New amendment to mitigate against ‘double dipping’ outcomes for employees

Employers have recently received some legislative support with regards to casual employees who successfully claim for accrued annual leave and other permanent benefits. As discussed in our recent article on the decision of WorkPac Pty Ltd v Skene [2018] FCAFC 131, an employee may successfully claim that they have been [...]

2019-02-04T15:36:33+11:00February 4th, 2019|Categories: Employment Law|Tags: , , |