Legal Insights
Employers beware of the hasty and in the heat of the moment resignation
Employers must ensure that they do not action “hasty and in the heat of the moment resignations”. If actioned immediately it may be found to be a dismissal that is harsh and disproportionate.
July 2023 Promotions
Harwood Andrews is proud to announce five well-deserved promotions effective 1 July 2023.
Upcoming changes in the workplace and industrial relations space starting financial year 2023-24
The upcoming financial year 2023-24 is bringing numerous changes to laws, wages, entitlements and benefits in the workplace and industrial relations space. This article details the important changes that both employees and employers should be aware of.
Superannuation nominations and death
There has recently been publicity in the media; about the long delays by superannuation funds in processing applications made by bereaved family members for payment of deceased person’s superannuation entitlements.
Some reports have referenced people waiting 15 months for the fund to make the payment, causing emotional and financial distress for the claimants.
Why is mediation important in a family law matter?
In family law matters, there is a requirement for parties to try to resolve disputes by making a genuine attempt to negotiate and reach agreement on the issues in dispute.
This includes any matters relating to family law however, primarily it includes reaching agreement regarding care arrangements for children and / or the division of relationship property.
A simple guide to employee award coverage
Modern awards, such as the General Retail Industry Award or the Social, Community, Home Care and Disability Services Industry Award for example, are legally binding instruments that set out a range of minimum terms and conditions of employment for employees that are covered by the relevant award.
Public holiday work – the important difference between requesting and requiring employees to work
The Full Court of the Federal Court of Australia has recently handed down a decision relating to public holiday work and the requesting of employees to work on these days. The findings clarify the procedure that employers must follow if they want employees to work on public holidays and serve as a reminder that it is an employee’s legislative entitlement to be absent on a public holiday unless the proper procedure is followed.
Employer found to have taken adverse action against Union delegates by making them redundant
In the recent Federal Circuit and Family Court Decision of Australian Manufacturing Workers Union v United Lift Services Pty Ltd [2023] FedCFamC2G 275 (17 April 2023), it was found that the employer took adverse action against two union delegates (employees) when it retrenched them 4 hours before the deadline for voluntary redundancies.
What builder liquidation means for Victorian homeowners
Following the well documented spike in mid and post-pandemic costs, driven largely by inflation and global supply shortages, many industries have seen the cost of doing business increase significantly. For many of these industries, in order to remain viable, these additional costs have been (at least in part) handed on to the consumer. Unfortunately for those in the domestic building industry in Victoria, this option is not always available.
Two Harwood Andrews Principals Recognised as Best Lawyers® Award Recipients
Harwood Andrews is pleased to announce that 2 lawyers have been included in the 2024 edition of The Best Lawyers in Australia™. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.
Long Standing Harwood Andrews Principals Set to Retire.
After many years of dedicated service, two of our Harwood Andrews Principals have announced their retirement from legal practice.
Harwood Andrews Planning & Environment Ranked In Doyles Guide, Victoria 2023
Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities in two areas for Victoria in the 2023 Doyles Guide. Doyles Guide is a highly regarded independent annual peer review of the leading corporate law firms and lawyers in Victoria.
Family Law Practical Tips
Separation is not easy. In fact, separation is difficult whether it is your decision to separate or not.
There are many things to consider when contemplating separation or you have separated such as your health (including your safety and wellbeing together with any children), care arrangements for children, your financial stability both in the short term and long term and also interactions with your former partner or spouse.
Debts in Family Law matters
In a recent case of Cao & Trong (2022) FedCFamC1F 754 (4 October 2022) the Court considered debts of the parties which exceeded the value of the matrimonial asset pool available for distribution.
Lawyers Admitted to Practice
Please join us in congratulating James Hickey and Matthew Synoradzki who were both admitted to the Supreme Court of Victoria as Lawyers on Tuesday 8th March 2023. A great achievement after many years of study and hard work.
Paid Family and Domestic Violence Leave Entitlement Comes Into Force
New changes to the Fair Work Act 2009 (Cth) (FWA) as of 1 February 2023 have introduced paid family and domestic violence (FDV) leave for employees who are dealing with the impacts of FDV.
FWC delivers another employee v independent contractor decision, post High Court ruling in Personnel Contracting
The FWC has recently delivered a ruling involving an analysis of an employee v independent contractor relationship post the High Court’s landmark decisions of Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (Personnel Contracting) and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (Jamsek) in this area last year.
Wrong company name on proposed EA found not to be a minor error
Commissioner Platt of the Fair Work Commission (FWC) in the recent decision of Healthe Care Surgical Pty Ltd T/A Healthe Care [2023] FWC 183 (20 January 2023), has dismissed an application for a proposed Enterprise Agreement (EA) on the basis that the employer used the wrong company name on the Notice to its employees.
HR Manager misled FWC to get EA approved
The Fair Work Commission (FWC) is presently considering referring the head of human resources for hospitality giant Mantle Group to the police after finding that he purposefully lied about a pay deal that deprived hundreds of workers of their penalty rates.