Changes to Long Service Leave Legislation – What you need to know

On 1 November 2018 changes to Victoria’s long service leave laws came into effect. The changes seek to provide further rights to employees and further responsibilities on employers. In essence, the amendments comprised of the following changes, which benefit Employees: Employees are now being able to apply to take their [...]

2018-11-12T17:13:18+11:00November 12th, 2018|Categories: Employment Law|Tags: , , |

WARNING – Review of Casual Employment Arrangements

Employers are warned to review their working arrangements with long term casuals following the recent decision of the Full Federal Court in WorkPac Pty Ltd v Skene [2018] FCAFC 131. That case resulted in an employee, who had been engaged and paid as a casual employee, bringing a successful claim against [...]

2018-09-27T11:51:28+11:00September 27th, 2018|Categories: Employment Law|Tags: , , |

Family and Domestic Violence Leave – Key Features for Employees and Employers

Commencing from 1 August 2018, all employees who are covered by a modern award are entitled for up to 5 days of unpaid leave to deal with family and domestic violence. This follows the Fair Work Commission’s Decision made on 6 July 2018 which finalised the model clause for 5 [...]

2018-08-24T17:23:10+11:00August 17th, 2018|Categories: Employment Law|Tags: , , |

Management of Kindergartens – Navigating a legal minefield

Kindergartens in Victoria have to comply with a myriad of legislative obligations which can seem a minefield for the unsuspecting parent volunteer who finds themselves on a Committee of Management. Pointon Partners works with Kindergartens, Early Years Managers (formerly known as cluster managers) and education professionals and can guide understanding [...]

2018-08-24T16:47:03+11:00November 28th, 2017|Categories: Commercial, Employment Law|Tags: |

Vacant Residential Land Tax – Do you need to notify the State Revenue Office?

The lack of housing supply in inner and middle Melbourne has become a major issue for residents and the State Government. In response, the Victorian State Government has sought to free up further housing by introducing a new Vacant Residential Land Tax on residential properties that remain vacant for more than [...]

2018-08-24T17:26:09+11:00October 25th, 2017|Categories: Taxation|Tags: , , |

Workplace Relationships … Does your business need a Disclosure Policy?

The two recent resignations by male AFL executives who had affairs with lower ranked female employees has highlighted a complex yet growing issue for businesses in Australia and around the world. Whilst most employers and HR managers in Australia simply ignore the issue taking a ‘don’t ask, don’t tell’ approach, [...]

2018-08-30T11:47:41+11:00August 1st, 2017|Categories: Employment Law|Tags: , |

Are you paying your employees correctly? … Avoid an investigation by the Fair Work Ombudsman

Recently the Fair Work Ombudsman (the Ombudsman) has been investigating a spate of underpayment of wages and overtime claims (Claims) and has commenced investigations into these Claims and the businesses allegedly perpetrating them. Who is the Ombudsman and what are their powers when conducting an investigation? The Ombudsman is an [...]

2018-08-30T11:52:37+11:00July 26th, 2017|Categories: Employment Law|Tags: , , |

Restraint Of Trade Dispute Ends In Settlement Between Freehills And Its Former Partners

A bitter dispute over a restraint of trade clause has recently been settled between Herbert Smith Freehills lawyers (“Freehills”) and a cohort of its former partners, highlighting the importance of restraint clauses in the increasingly competitive market for legal services in Australia. Restraint clause challenged Once eight partners of Freehills [...]

2018-08-30T12:22:10+11:00July 17th, 2017|Categories: Employment Law|Tags: , |

Employee’s Restraint Of Trade Voided By Employer’s Non-Compliance With Contract

Restraints of trade in employment contracts may be difficult for an employer to enforce if they have not performed their contractual obligations. This was made clear in a recent decision by the Supreme Court of Victoria (SCV) in a contractual dispute between Crowe Horwath (Aust) Pty Ltd (CHA) and its [...]

2018-09-11T16:40:41+11:00May 24th, 2017|Categories: Employment Law|Tags: , |

Warning to employers: liability for injuries sustained by workers may extend far beyond the workplace

Employers may be found liable for injuries to their employees or contractors that occur long after a work shift has ended and hundreds of kilometres from the workplace. Such was found to be the case in Kerle v BM Alliance Coal Operations Pty Limited & Ors [2016] QSC 304. In [...]

2018-09-11T16:56:02+11:00May 15th, 2017|Categories: Employment Law|Tags: , , |