Employment Law

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Employer fined $240K for non-payment of statutory entitlements

In a recent case before the Federal Circuit Court, a judge has set penalties of $240,000.00 against a company and its director, for failing to pay a worker’s full wages, public holiday rates and an amount in lieu of untaken annual leave or superannuation. It was found the company also failed to issue the worker [...]

By | March 19th, 2020|Employment Law, Topical Issues|0 Comments

Coronavirus and Employers’ Obligations

The outbreak of COVID-19 has given rise to issues that every employer must address, including employee entitlements and health and safety obligations. Some of the key issues are addressed below. Employers can direct employees who are sick with the coronavirus not to come to work and to get medical clearance from a doctor before returning [...]

By | March 19th, 2020|Employment Law, Topical Issues|0 Comments

Employers may soon face jail over wage theft under proposed new laws

On 18 July 2019, celebrity chef George Calombaris was hit with a $200,000 fine for underpaying $7.83 million in wages to over 500 current and former employees. Industrial Relations Minister Christian Porter, who is also the Attorney General, has described the fine as a “light” penalty. This month in Western Australia, a Han’s Café franchisee [...]

By | September 9th, 2019|Employment Law|0 Comments

Should I Conduct a Formal Investigation into Misconduct?

When is there a need to conduct a formal investigation? As a general rule, if a number of employees are involved, there is more than one incident complained about or there are a number of conflicting stories, a formal investigation is essential to ensure reliable findings. If the potential consequences are very significant for the [...]

By | July 19th, 2019|Employment Law, Uncategorized|0 Comments

Workplace Misconduct Investigations

While every workplace will face the reality of employee misconduct at some stage, it is surprising how unprepared we find most employers are when it comes to dealing with the reality of alleged misconduct. Here are a few of the traps you may encounter with some tips to help you navigate a sound process of [...]

By | May 1st, 2019|Employment Law, Uncategorized|0 Comments

A Guide to Managing Underperformance

Underperformance needs to be addressed promptly so that it does not become more serious over time and ultimately affect the productivity performance, or culture of the entire workplace. As a manager you need clear procedures, organisational support and the courage and willingness to confront the issue. Below is our recommended approach to managing performance issues [...]

By | April 8th, 2019|Blog, Employment Law, Uncategorized|0 Comments

Am I Forced to Take Annual Leave at Christmas?

Christmas and the New Year is fast approaching and many employers will shut down or only operate skeleton staff during this period. National System Employers (which are trading or financial corporations) can direct employees to take annual leave during this shutdown period in the following circumstances: The employees are covered by an award or enterprise [...]

By | November 15th, 2018|Employment Law|0 Comments

Annual leave entitlements for casual employees

If you are an employee or employer do you understand the proper leave entitlements for casual employees? At Havilah Legal we are often asked about the rights and obligations of employees who are employed as casuals. Whether the cost benefit in paying a higher hourly rate outweighs the saving of not needing to pay annual [...]

By | September 20th, 2018|Employment Law|0 Comments

General Protections Claims

The law in relation to general protections under the Fair Work Act 2009 is essentially designed to protect prospective and existing employees against unfair, unlawful and discriminatory treatment. […]

By | October 12th, 2016|Employment Law|0 Comments