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This matter concerns an application for declaratory relief and pecuniary penalties for contraventions of various provisions of the Fair Work Act 2009 (Cth) ("Act") under the Industrial Law. The employer in question has admitted to contravening the Restaurant Industry Award 2010 ("Award") by failing to display the Award and National Employment Standards, failing to pay annual leave entitlements, failing to pay superannuation contributions, and failing to provide notice or payment in lieu on termination of employment. The parties have agreed to orders in respect of unpaid wages and annual leave entitlements, as well as outstanding superannuation guarantee payments. The respondent has proposed a range of pecuniary penalties. The issue at hand is whether the amount of penalties within the respondent's proposed range is sufficiently high to achieve specific and general deterrence. Furthermore, the question arises as to whether the penalties should be paid, in equal amounts, to the applicants or into the Consolidated Revenue Fund. The applicants also seek compensation for loss of growth in their superannuation funds. Additionally, the applicant seeks to recover on their quantum meruit claim amounts payable under the National Minimum wage as a casual employee. After careful consideration, it is held that total penalties imposed of $150,000 on the first respondent and $50,000 on the second respondent are payable in equal amounts to each applicant. The Court finds that this amount is sufficient to achieve specific and general deterrence. Moreover, the penalties shall be paid into the Consolidated Revenue Fund. The applicants are entitled to compensation for loss of growth in their superannuation funds, and the applicant is entitled to recover on their quantum meruit claim amounts payable under the National Minimum wage as a casual employee. Call 1800 238 622 for a FREE consultation or gethelp@1800ADVOCATES.au

Some of the most common job interview questions include: 1. Can you tell us about yourself? 2. Why are you interested in this position? 3. What are your strengths and weaknesses? 4. What are your long-term career goals? 5. What experience do you have in this field? 6. How do you handle stress or pressure? 7. Can you describe a time when you had to overcome a challenge? 8. How do you work in a team environment? 9. What are your salary expectations? 10. Do you have any questions for us? It's important to prepare for these questions and practice your answers beforehand to increase your chances of a successful interview. Best of luck.

Section 385 of the Fair Work Act 2009 is an important piece of legislation that relates to the protection of employees' rights in the workplace. This section provides specific guidelines for employers when it comes to unfair dismissal claims. In essence, section 385 establishes that an employer cannot terminate an employee's employment in a way that is harsh, unjust or unreasonable. This means that employers must have a valid reason for terminating an employee's employment, and must follow a fair process in doing so. The section also provides that employees have a right to be informed of the reasons for their dismissal, and to have an opportunity to respond to those reasons before their employment is terminated. Additionally, employers must ensure that employees are provided with any notice or pay in lieu of notice that they are entitled to. Section 385 is an important tool for ensuring that employees are treated fairly and justly in the workplace. It provides a clear framework for employers to follow when making decisions about terminating employees' employment, and helps to ensure that employees are protected from unjust treatment. In summary, section 385 of the Fair Work Act 2009 is a vital piece of legislation that sets out clear guidelines for employers when it comes to terminating employees' employment. By following these guidelines, employers can ensure that their employees are treated fairly and justly, and that their rights are protected in the workplace. If you need assistance with this kind of matter, please complete the priority intake form on our website or call 1800 238 622 to arrange a teleconference with one of our advocates.

Defined benefit superannuation and cumulative superannuation are two different types of retirement savings plans. A defined benefit superannuation plan is a retirement plan where the employer guarantees a specific retirement benefit to the employee based on a formula that takes into account the employee's salary and length of service. The employer is responsible for investing the funds and managing the risks associated with the plan. On the other hand, a cumulative superannuation plan is a retirement plan where the employee contributes a portion of their salary into a retirement account, and the employer may also make contributions. The funds are invested in a range of investment options, and the final benefit is based on the amount of contributions made, the investment returns earned, and any fees or charges deducted. The key difference between the two plans is that in a defined benefit plan, the employer bears the investment risk and guarantees a specific benefit to the employee, while in a cumulative plan, the employee bears the investment risk and the final benefit is based on the accumulated contributions and investment returns.

To prove harsh, unfair or unjust dismissal in an unfair dismissal case in the Fair Work Commission, an employee needs to demonstrate that their dismissal was: 1. Harsh, unjust or unreasonable: This means that the dismissal was disproportionate to the employee's conduct or performance, or that the employer did not follow proper procedures in dismissing the employee. 2. Not consistent with the Small Business Fair Dismissal Code: If the employer is a small business, they must follow the Small Business Fair Dismissal Code, which sets out the steps that must be taken before dismissing an employee. 3. Discriminatory: If the dismissal was based on a protected attribute, such as race, gender or age, it may be considered discriminatory. 4. Adverse action: If the dismissal was taken as a result of the employee exercising their workplace rights, such as making a complaint or joining a union, it may be considered adverse action. To prove these factors, the employee will need to provide evidence and arguments to support their case, such as witness statements, emails, and performance reviews. Need more information about presenting an unfair dismissal case in the Fair Work Commission? Call 1800ADVOCATES (1800 238 622) email gethelp@1800ADVOCATES.au or text our on call service 0412ADVOCATES (0412 238 622)

Unfair Dismissal Application Lodge an unfair dismissal application with the Fair Work Commission. This involves filling out the appropriate forms and providing relevant details about the dismissal, including the reasons you believe it was unfair. The Commission will review your application and may attempt to resolve the matter through mediation or hold a hearing. Procedural Fairness Argue that you were denied procedural fairness during the dismissal process. This means demonstrating that your employer failed to follow proper procedures, such as not providing you with a valid reason for the dismissal, not giving you an opportunity to respond to allegations, or not allowing you to have a support person present during meetings. Harsh, Unjust, or Unreasonable Dismissal Claim that the dismissal was harsh, unjust, or unreasonable. Provide evidence to support your argument, such as showing that the punishment was disproportionate to the alleged misconduct, that your employer didn't consider mitigating circumstances, or that there was no valid reason for the dismissal in the first place. Discrimination or Adverse Action If you believe that the dismissal was motivated by discriminatory reasons, such as your gender, race, age, or disability, you can claim that it constitutes unlawful discrimination or adverse action. Provide evidence to support your claim and demonstrate a connection between the dismissal and the discriminatory or adverse action. Constructive Dismissal If you resigned from your position but believe that you were forced to do so because of your employer's conduct or a hostile work environment, you can argue that you were constructively dismissed. Provide evidence of the circumstances that led to your resignation, such as ongoing harassment, significant changes to your working conditions, or a breach of your employment contract. When appealing an unfair dismissal, it's important to seek advice and familiarize yourself with the specific requirements and timelines set by the Fair Work Commission. Need help? gethelp@1800ADVOCATES.au or call us on 1800 238 622.

The 48 Laws of Power is a book written by Robert Greene, which outlines strategies and tactics for gaining and maintaining power. Here are the 48 laws: 1. Never outshine the master. 2. Never put too much trust in friends; learn how to use enemies. 3. Conceal your intentions. 4. Always say less than necessary. 5. So much depends on reputation—guard it with your life. 6. Court attention at all costs. 7. Get others to do the work for you, but always take credit. 8. Make other people come to you—use bait if necessary. 9. Win through your actions, never through argument. 10. Infection: avoid the unhappy and unlucky. 11. Learn to keep people dependent on you. 12. Use selective honesty and generosity to disarm your victim. 13. When asking for help, appeal to people’s self-interest. 14. Pose as a friend, work as a spy. 15. Crush your enemy totally. 16. Use absence to increase respect and honor. 17. Keep others in suspended terror: cultivate an air of unpredictability. 18. Do not build fortresses to protect yourself—isolation is dangerous. 19. Know who you’re dealing with—do not offend the wrong person. 20. Do not commit to anyone. 21. Play a sucker to catch a sucker—seem dumber than your mark. 22. Use the surrender tactic: transform weakness into power. 23. Concentrate your forces. 24. Play the perfect courtier. 25. Re-create yourself. 26. Keep your hands clean. 27. Play on people’s need to believe to create a cult-like following. 28. Enter action with boldness. 29. Plan all the way to the end. 30. Make your accomplishments seem effortless. 31. Control the options: get others to play with the cards you deal. 32. Play to people’s fantasies. 33. Discover each man’s thumbscrew. 34. Be royal in your own fashion: act like a king to be treated like one. 35. Master the art of timing. 36. Disdain things you cannot have: ignoring them is the best revenge. 37. Create compelling spectacles. 38. Think as you like but behave like others. 39. Stir up waters to catch fish. 40. Despise the free lunch. 41. Avoid stepping into a great man’s shoes. 42. Strike the shepherd and the sheep will scatter. 43. Work on the hearts and minds of others. 44. Disarm and infuriate with the mirror effect. 45. Preach the need for change, but never reform too much at once. 46. Never appear too perfect. 47. Do not go past the mark you aimed for; in victory, learn when to stop. 48. Assume formlessness.

We all have that burning in us that wants to win friends and influence people. The 1936 Dale Carnegie self development book is one of the all time best seller books and it can be summarised as follows; 1. Show genuine interest in others: People love to talk about themselves and their interests. Ask questions and show a genuine interest in what they have to say. 2. Smile: A simple smile can go a long way in making people feel comfortable and welcomed. It also shows that you are approachable and friendly. 3. Remember people’s names: People love to hear their own name and it shows that you value and respect them as an individual. 4. Listen actively: Listen to what people are saying and respond accordingly. Avoid interrupting or talking over them. 5. Find common ground: Look for shared interests or experiences to connect with others. This can help build rapport and establish a connection. 6. Compliment others: Genuine compliments can make people feel good and appreciated. Be specific and sincere in your praise. 7. Be empathetic: Try to see things from the other person’s perspective and show empathy towards their feelings and experiences. 8. Avoid criticizing or blaming: Instead of criticizing or blaming others, focus on finding solutions and working together towards a common goal. 9. Be positive: A positive attitude can be contagious and can help create a more enjoyable and productive environment. 10. Show gratitude: Expressing gratitude and appreciation can help build strong relationships and foster a sense of community.

In the Unfair Dismissal Case U2023/719, Sam King filed a claim against Fingal Bay Service Station & Tyre Service Pty Ltd for unfairly dismissing him from his job. The case was heard by the Fair Work Commission, where King argued that his dismissal was unjustified and without proper notice. He claimed that he was not given a chance to respond to the allegations against him and that the employer did not follow proper procedures in terminating his employment. The employer, on the other hand, argued that King was dismissed for serious misconduct, including theft and dishonesty. After considering the evidence presented by both parties, the Fair Work Commission found that the employer did not follow proper procedures in dismissing King and that he was unfairly dismissed. As a result, the commission ordered the employer to pay King compensation for lost wages and other entitlements.

Calderbank v Calderbank [1976] Fam 93, [1975] 3 All ER 333; was an English Court of Appeal decision establishing the concept of a "Calderbank Offer". A "Calderbank Offer" can often be identified by the disclaimer "without prejudice, save as to costs". Commonly referred to as the Calderbank principle, it is a legal principle that allows a party to make a settlement offer to the other party in a dispute, which includes a condition that if the offer is not accepted and the case goes to court, the party making the offer will seek to recover their legal costs from the other party. This principle is often used in civil litigation cases in the UK as well as Australia. The Calderbank offer is a formal written offer of settlement made by one party to another party in a dispute. The offer is made on a "without prejudice save as to costs" basis, which means that the offer cannot be used as evidence in court except for the purpose of determining costs. If the other party rejects the offer and the case proceeds to court, the party who made the offer can ask the court to order the other party to pay their legal costs, even if they win the case. The Calderbank principle is often used as a tactical tool to encourage settlement of a dispute, as it puts pressure on the other party to accept the offer to avoid the risk of having to pay the other party's legal costs. However, it is important to note that the principle is not a guarantee of recovering legal costs, and the court will consider various factors, including the reasonableness of the offer, when deciding whether to award costs.

Briginshaw v Briginshaw (1938) 60 CLR 336 considered how the requisite standard of proof should operate in civil proceedings. The case affirmed that the standard of proof that applies to all civil matters is the balance of probabilities. Briginshaw v Briginshaw is a landmark case in Australian law, which established the standard of proof required in civil cases where serious allegations are made. The case involved a dispute between a married couple over the ownership of certain property. The wife alleged that her husband had used fraud and undue influence to obtain the property, while the husband denied the allegations. The case was heard in the Family Court of Australia. In its judgment, the court recognized that serious allegations of fraud and undue influence require a higher standard of proof than ordinary civil cases. The court stated that the evidence must be "clear, cogent and convincing" in order to establish the allegations. This means that the evidence must be strong enough to satisfy the court that it is more likely than not that the allegations are true. The Briginshaw standard has since been applied in many other cases in Australia, and has become a key principle in the law of evidence. It is often cited in cases involving allegations of fraud, sexual abuse, and other serious misconduct.

As professional Advocates, we think it is important for clients to understand the distinction between special damages and general damages. Special damages refer to the specific, quantifiable losses that a plaintiff has suffered as a direct result of the defendant's actions. These damages are often referred to as "out-of-pocket" expenses and can include things such as medical bills, lost wages, and property damage. Special damages are typically easy to calculate and can be proven with documentation or receipts. On the other hand, general damages are more subjective and difficult to quantify. These damages refer to the non-monetary losses that a plaintiff has experienced as a result of the defendant's actions, such as pain and suffering, emotional distress, and loss of consortium. General damages are often determined by a jury and can vary greatly depending on the circumstances of the case. In summary, special damages are specific, quantifiable losses that a plaintiff has suffered, while general damages refer to the non-monetary losses that are more difficult to quantify. It is important to understand the distinction between these two types of damages in order to effectively represent you and seek appropriate compensation.