In this special episode of Lydiard Law, we hear the story behind Paul Cott’s life and journey to a career in law. It wasn’t the most conventional route – Paul was already well established in the banking industry. He thought there was more to li

Misleading statements and conduct

Jun 5th, 2022 12m 52s

If someone has misled you, what can you do about it? Well, the law is designed to protect consumers and individuals from misleading statements or conduct. But it all depends, of course, on the situation and what was said or done. Paul Cott, Pri

Rights of all employees

May 15th, 2022 13m 44s

Not only do employees deserve to be treated fairly and with respect, it’s also the law. Employees have a long list of rights and legal protections in the workplace, including how they’re paid, how they’re hired, leave entitlements, safety, term

The Court and Tribunal System in Australia

Apr 10th, 2022 15m 51s

Ever wondered the difference is between each of the courts we have? For example, what’s the County Court and what cases does it deal with, versus, say, the Magistrate’s Court or the Supreme Court? Is the judge the same as a magistrate? What’s t

What happens if staff are underpaid?

Mar 20th, 2022 15m 13s

Paying staff their wages should be straight forward enough, but with so many different types of awards in place in Australia, sometimes underpayment occurs. It may be unintentional, but that’s no excuse – the law doesn’t look favourably on the

Workplace Redundancy – the ins & outs

Feb 27th, 2022 13m 36s

Firing an employee for misbehaviour or incompetence is one thing with its own set of rules. Redundancy is something else entirely, but it also comes with legal obligations. Paul Cott, Principal at Law on Lydiard, explains the ins and outs of re

What exactly is a casual employee?

Feb 6th, 2022 12m 45s

In 2021, the High Court of Australia clarified the definition of casual employment by recognising it can be regular, long-term, and predictable. Paul Cott, Principal at Law on Lydiard, discusses what casual employment is exactly and what busine

Bonus

Summer Series: Unfair dismissal – harsh, unjust and unreasonable? (Re-release)

Jan 9th, 2022 15m 34s

Sometimes, a dismissed employee feels they’ve been unfairly sacked and will take legal action. What happens then? What’s the process? For example, what factors does the Fair Work Commission consider when deciding whether a dismissal is reasonab

Bonus

Summer Series: The art of negotiation with Anne Marie Cade (Re-release)

Dec 27th, 2021 15m 49s

Being able to communicate effectively is important when it comes to managing conflict. Someone who understands all about this is lawyer, mediator and conflict coach Anne Marie Cade, founder of the boutique mediation and coaching practice, Divo

The ins and outs of unfair dismissal

Dec 5th, 2021 16m 38s

Terminating someone’s employment is often difficult and fraught with contention. Perhaps the dismissal is reasonable: the employee is simply not performing, or is repeatedly doing the wrong thing, or harassing other team members. Sometimes, tho

Update on mandated workplace COVID vaccinations

Nov 14th, 2021 18m 9s

Finally, the country’s starting to open up after nearly two years of on-again-off-again restrictions because of COVID. Well, it’s more open for those who have been double-vaccinated. But what does that mean for employees? Do they have to be dou

Workplace bullying and the Fair Work Commission process

Oct 24th, 2021 13m 43s

What one person might think is bullying behaviour, another person might think the same behaviour is not so significant. So who’s right? Well, as Paul Cott would often say, it all depends. Paul is Principal at Law on Lydiard, and in this episode

Fair Work Commission’s new initiative to redress sexual harassment

Oct 3rd, 2021 15m 56s

Recently, the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 was passed. What happens now if sexual harassment occurs at work? What avenues can a victim pursue if they’ve been sexually harassed? What are the consequences

The High Court speaks on casual employment

Sep 12th, 2021 19m

In a much-anticipated judgement, the High Court of Australia ruled that a long-term employee was a casual employee. The High Court’s ruling of Workpac Pty Ltd versus Mr Rossato, a labour-hire mining truck driver, was contrary to the Full Federa

Can employers make COVID vaccinations compulsory?

Aug 22nd, 2021 17m 16s

There’s been a lot of interest in the media of late about whether employers have the power to enforce their workers to get vaccinated. Where does the law stand in all this? What are the consequences if an employee refuses? What of those staff

The ins and outs of wage theft

Jun 27th, 2021 9m 46s

Wage theft is a term we’ve heard a lot about in recent years, particularly as the media has shone a huge spotlight on well-known brands and celebrity bosses who have “committed” it. But what is it exactly? For the answer – and more – is Paul Co

Franchising: what you should know – Helen Kay

Jun 13th, 2021 13m 30s

Franchising is an attractive business structure for many thousands of business owners across Australia. If you’ve ever considered whether franchising is right for you, you need to be aware of the legal issues and documentation specific to it.

How well are you making super work for you?

May 30th, 2021 17m 14s

Superannuation is something a lot of people set and forget. But it’s important to understand how to make it work for you – so that you can relax comfortably in retirement. Self-managed super fund administrator, Sonia Livitsanos, of MDS Accounti

Unfair dismissal – harsh, unjust and unreasonable?

May 16th, 2021 15m 34s

‘Working With Children’ check refusals - What does the law say?

May 2nd, 2021 10m 1s

Have you ever been asked to complete a ‘working with children’ check? Or are you a business or a not-for-profit and require ‘working with children’ checks from your staff or volunteers? What happens if someone refuses to apply for one? What hap

Bosses need to act now – changes to casual employment and leave entitlements

Apr 18th, 2021 16m 57s

Late last year the federal government introduced changes to sections of the Fair Work Act. Part of the changes include redefining casual employment and leave entitlements, which kicked in March this year. If you have casual employees, you’ll ne

The art of negotiation with Anne Marie Cade

Apr 4th, 2021 15m 49s

Resolving Legal Disputes

Mar 21st, 2021 9m 43s

Let’s say there’s a dispute between you and someone else. It’s come to the stage where you might consider taking legal action. But, is that really necessary? Are there other ways you can handle a potential legal situation without having to spen

Have you considered arbitration?

Mar 7th, 2021 21m 4s

For many of us, even the thought of going to court can be intimidating. The costs involved and the time it can take to go through the whole process, can be prohibitive. An alternative is arbitration: it’s cheaper, it’s quicker, and you and the

Owners corporations: your rights and obligations

Feb 21st, 2021 9m 16s

Do you own an apartment or a unit? If so, you’re most likely a member of an owners corporation, which manages the common residential property. It used to be called a body corporate. Some of the biggest areas of legal contention can occur betwee