ByLawyers News and Updates

EMPLOYMENT – Tuition reimbursement on termination

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Employers typically deduct from termination monies when an employee terminates after receiving recent employer-funded tuition. Deductions from monies owed is regulated by the Fair Work Act and employers should tread carefully.

Under the Act, employers are required to pay their employees all amounts owing to them in relation to the performance of their work in full. This includes wages, bonuses, loadings, allowances, overtime and leave payments. …

The Act allows for some deductions to be made by employers, but only in four limited circumstances, one being where the deduction is authorised by the employee in writing, and it is principally for the employee’s benefit …

In some cases, deductions for employer paid training courses can be lawful authorised deductions. It will depend on the circumstances of the case but as a general statement, deductions for training course fees are more likely to be considered lawful if the severance of the employee concerned occurs within a short time following the payment of the fee, for example, 6 months or 12 months. Each situation will turn on its facts.

The Standard Individual Employment Agreement and the Executive Employment Agreement precedents have been updated with a clause relating to Refund of tuition expenses by the employee.

 

 

EMPLOYMENT – Reference manual – 101 Employment Answers – Additions

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The By Lawyers Reference Manual – 101 Employment Answers has been updated.

New entries:

Notice and employment ended by abandonment

The question of when an employee can be said to have “abandoned” their employment can be a complex one. The recent Full Bench decision of the Fair Work Commission in Abandonment of Employment [2018] FWCFB 139 [21]–[22], provides excellent guidance.

Unfair dismissal – high income threshold

The high income threshold limits an employee’s eligibility for protection from unfair dismissal … currently $142,000. If an employee is not covered by a modern award, or an enterprise agreement does not apply to them, in order to be able to access the unfair dismissal jurisdiction, the employee must have an annual rate of earnings of less than the high income threshold.

Termination of an employee on a 186 visa

There is no condition on a 186 visa requiring either the employee or employer to maintain employment for the 2 year post visa approval employment period.

Estate planning – An exciting opportunity for small law firms – By Brad Watts

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Wills have traditionally been seen as valuable because they eventually bring the firm estate work, rather than valued for the fees associated with the wills themselves. However, estate planning is a different thing and many firms are now taking a far more comprehensive approach, with a far more profitable result.

Brad Watts has written an article outlining some of the opportunities for law firms in estate planning: Estate planning – An exciting opportunity for small law firms. We take this opportunity to introduce Brad to those who do not know him.

Brad has contributed to By Lawyers publications for over 10 years, and has this year joined By Lawyers as a Senior Consultant and Editor. Admitted as a solicitor of the Supreme Court of NSW in 1994, Brad worked in general practice for 21 years, before moving to the NSW Crown Solicitors Office as a Solicitor Advocate and then A/Director. Having owned and managed small law firms, with substantial experience in all aspects of general practice and extensive experience in criminal and civil litigation, Brad offers a wealth of knowledge and practical assistance to our subscribers.

 

Immigration – 457 visa replaced with with Temporary Skill Shortage visa and associated reforms to permanent skilled migration programs

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From 18 March 2018 the Temporary Work (Skilled) visa (subclass 457 visa) is abolished and replaced with the Temporary Skill Shortage (TSS) visa. Associated reforms to permanent skilled migration programs are also made from this time (sub classes 186, 187, 189, 190, and 489). These amendments are reflected in our Immigration Publication.

VIC – Powers and Advance Care Directives – Medical Treatment Planning and Decisions Act 2016

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The Medical Treatment Planning and Decisions Act 2016 commenced 12 March 2018. It gives statutory recognition to advance care directives and simplifies and contemporises laws relating to medical treatment decision making for people without decision making capacity. The By Lawyers VIC Powers and Advance Care Directives matter plan, precedents and commentary have been updated accordingly.

Costs – All costs agreements now able to be signed electronically

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All of the By Lawyers costs agreements now have electronic signature fields allowing them to be signed electronically via DocuSign, which is available to LEAP in the cloud users. The fee disclosure for this service has also been added into the disbursement section of the costs agreements, should the client choose to take advantage of this service.

 

Costs – Incorporation of Disclosure Notice into Client Service Agreement – Electronic signature ready

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The Disclosure Notice and Client Service Agreement has now been incorporated into the one document across all Queensland and Federal Guides and electronic signature fields have been added to enable this combined costs disclosure precedent to be electronically signed via DocuSign, which is available to LEAP in the cloud users.

 

Crossing borders – Immigration Law – New Guide

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By Lawyers are delighted to announce the release of our comprehensive new Guide to Australian Immigration Law, providing lawyers and migration agents with detailed but easy to follow commentary and accurate precedents for managing any migration matter, from initial engagement to final determination.

This new publication is a convenient compass for practitioners seeking to navigate Australia’s migration legislation. We cover all types of visa applications and all types of clients, from bridging visas to families seeking reunion with loved ones; from businesses looking to sponsor skilled employees to visas for New Zealand citizens; and many more.

The publication also assists users through the application review process, appeals and ministerial interventions.

Whether your firm is new to this area of practice, is looking to expand its offering, or needs to be able to handle occasional immigration matters for existing clients, this Guide assists practitioners to advise and act with confidence in this critical area.

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