In a recent decision of the Fair Work Commission an employer was praised by the Commission for not rushing to a decision to terminate.  The employee was a habitual latecomer and worked as a motor vehicle detailer.  He had been given six previous written warnings as well as many verbal warnings by the employer. 

The Victorian government today announced the Long Service Leave Act 1992 (Vic) (Act) is under review. The government is seeking public input in its examination of whether the Act is ‘meeting the needs of the modern workplace’.

A recent Tribunal decision serves as a reminder to employers that the mere existence of workplace policies is insufficient to protect employers from employee claims. If a workplace policy is not effectively communicated to staff, an employer may be found vicariously liable for the actions of its employees, even when the employer has no active role in the prohibited behaviour.

The Australian Tax Office (ATO) has released a Draft Addendum to a current GST Ruling (GSTR 2012/3) regarding the GST treatment of care services and accommodation in retirement villages and privately funded nursing homes and hostels.

The Private Ancillary Fund and Public Ancillary Fund Amendment Guidelines 2015 (amending guidelines) propose to amend the currentPrivate Ancillary Fund Guidelines 2009 and the Public Ancillary Fund Guidelines 2011 (together, the Guidelines), with the changes to apply from 1 July 2016.  The Guidelines set minimum standards for the governance and conduct of ancillary funds and their trustees, breach of which can result in a revocation of charitable and/or concessional tax status.  Therefore, trustees of ancillary funds need to familiarise themselves with these changes.

As part of the Federal Government’s focus on culture and capital in its recent release of the National Innovation and Science Agenda, some of the changes proposed include:

There have been some recent legislative changes governing the operation of retirement villages.

The Retirement Villages (Records and Notices) Regulations 2015 take effect from 12 December 2015 and revoke the previous sets of regulations.

The Final Report by the Productivity Commission (PC) was released today. As expected, the PC did not recommend a complete overhaul of the workplace relations system.

In a widely expected outcome, the Court of Appeal yesterday refused leave to appeal against the orders of the Victorian Civil and Administrative Tribunal in Hoskin v Greater Bendigo City Council, commonly known as Bendigo Mosque case.

To help you navigate you through the silly season, the Employment, Industrial Relations & OHS team bring you this short yet comprehensive guide, Christmas Essentials.

In the lead up to the 2014 State election, the (then) Labor opposition promised to introduce legislation concerning the weight to be given to the number of objections received in respect of a planning permit application.

The anticipated National Innovation and Science Agenda has been released by Malcolm Turnbull. It includes initiatives worth $1.1 billion over the next four years and aims to carry Australian from the mining boom to an ‘ideas boom’.

The answer, according to the Victorian Civil and Administrative Tribunal in Canaan Holdings Pty Ltd v Whitehorse CC [2015] VCAT 1608, is ‘no’.

In February 2015, Whitehorse City Council decided to adopt Amendment C153 to the Whitehorse Planning Scheme (Amendment), which formed part of a combined application under s 96A of the Planning and Environment Act (Act).  Approximately a month late, in March, the Council purported to rescind its decision and to abandon the Amendment.

Harwood Andrews has been appointed as one of only 23 law firms to the new Victorian Government Legal Services Panel. Appointed to the panels for Property and Planning and Environment, Harwood Andrews is the only regional firm represented on the panel.

Employers are warned not to take false comfort in the recent Federal Court decision in which it was upheld that an employer could dismiss an employee for refusing to attend a medical examination to determine his fitness for work.

Assistant Treasurer and Small Business Minister Kelly O’Dwyer recently announced changes to crowd-sourced equity funding (CSEF) regulations, paving the way for increased access to funding for startups and small businesses.

The Federal Court has dismissed an appeal by Study and Prevention of Psychological Diseases Foundation (SPED) against an earlier finding of the Administrative Appeals Tribunal confirming a decision of the Commissioner of Taxation to revoke SPED’s endorsement for federal tax concessions as a health promotion charity.  

The financial practices of The Shane Warne Foundation are under investigation by Consumer Affairs Victoria.

The Foundation is listed on the Australian Charities and Not-for-profits Commission register as a public ancillary fund that is a deductible gift recipient entitled to GST and FBT concessions and is exempt from income tax. Established in 2003, the Foundation has the charity subtype of advancing social or public welfare, lists its beneficiaries as youth with chronic illness and disabilities. It has revenue of $250,000 to $999,999 per year putting it in the medium sized charity category.

The High Court has unanimously ruled that an employer breached the Fair Work Act 2009 (FWA) when it misrepresented to its employees that they were engaged as independent contractors and not employed as employees.

The Full Court of the Tasmanian Supreme Court has decided that a solicitor who failed to warn his client about a potential claim against his estate and what steps might be taken to undermine the claim is negligent.