Latest news with #AlisonBarrett
Yahoo
a day ago
- Business
- Yahoo
Daunting work revelation turns sour as boss reacts poorly: 'The law is on your side'
Welcome to legal column where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, money matters impacting relationships or work. This week, a worker has had an uncomfortable encounter with her boss. Question "I work for a small company and recently got pregnant. My boss is quite an odd man and I've been dreading telling him I'm pregnant but I need to be able to go to appointments and want to start the ball rolling with maternity leave as I know he will make it difficult. When I told him I was pregnant, instead of saying congratulations he seemed to take it as a personal attack and said he'd need proof from my doctor before allowing me to go to daytime medical appointments. Then when I asked about maternity pay and other benefits he said he needs proof once the baby has been born before committing to anything. Are his demands fair? I need my job now more than ever so I don't want to rock the boat.." Answer Navigating pregnancy at work can be daunting, especially when your boss reacts poorly to the news. But if you're working in Australia, the law is firmly on your side. Pregnant employees are protected under federal legislation and various state and territory laws. These protections ensure you can access medical care, plan for parental leave, and continue working without being treated unfairly. Let's start with medical appointments. RELATED Gen Z with $100,000 in savings reveals 'common' money traps Aussies waste cash on Hidden $3,000 per year cost of cashless revolt as record number of banknotes hoarded ATO $2,548 tax refund cash boost for 2.6 million Aussies If you need time off during work hours to attend pregnancy-related appointments, you may be entitled to use personal leave if your contract or enterprise agreement provides for that. Otherwise, you're entitled to request to use your annual leave to cover those absences, which your employer cannot unreasonably refuse. You are also entitled to request a flexible work arrangement while pregnant, which could enable you to condense your hours so you can attend appointments on one particular day each month, for example. Your employer must genuinely try to reach agreement with you on that request and can only refuse it on reasonable business you are unfit for work because of your pregnancy, you can use your accrued personal (sick) leave, just like you would for any other illness. Your employer can ask for reasonable evidence, such as a medical certificate, before approving that leave. When it comes to maternity leave, if you've worked as a permanent employee for your employer for at least 12 months, you're entitled to 12 months of unpaid parental leave, with the option to request an additional 12 months. You must give at least 10 weeks' written notice before starting your leave and confirm the details at least four weeks before your intended start date. Your employer can ask for a medical certificate confirming the expected date of birth and can request medical evidence that you are fit to continue working once you are within six weeks of the baby's due date. However, they cannot delay planning, or deny your entitlements, until after the baby is born. In addition to unpaid leave, you may be eligible for government-funded Paid Parental Leave, which provides up to 20 weeks of pay at the national minimum wage. Your employer plays a role in administering this payment, but they don't control your eligibility. You apply through Services Australia, and once approved, your employer must process the payments if they're participating in the scheme. If your boss is making things difficult, by withholding information, questioning your rights, or treating your pregnancy as a burden, you're not alone, and you don't have to accept it. This kind of behaviour may amount to pregnancy discrimination, which is unlawful. You can seek help from the Fair Work Ombudsman, your union, or a community legal centre. They can guide you through your options and help you protect your rights without jeopardising your job. This legal information is general in nature and should not be regarded as specific legal advice. If you need legal advice, you should consult a solicitor.
Yahoo
26-07-2025
- Business
- Yahoo
Aussie 'appalled' by $4,000 ATO bill after common tax return mistake
Welcome to legal column, where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, or money matters impacting relationships or work. This week, an Aussie is concerned about their tax return after finding out they owe the ATO money. Question I recently filled out my ATO tax return, fully expecting a rebate. I only earned $80,000 last year and I had loads of deductions to make. However, I was appalled to find out I actually owe the tax office money — it turned out I'd been on the wrong code all year. They also pushed back on a lot of my deductions and said they weren't tax-deductible work expenses. Now I have a bill for $4,000 and no means to pay it. Is there anything I can do to dispute my tax bill? Also, why aren't things like my work clothes and my travel to work claimable on tax when I wouldn't use them if I didn't work? RELATED Common neighbour problem plaguing Aussie houses: 'No right' Warning for working from home Aussies over common practice Little-known cryptocurrency detail that could impact millions: 'Lost forever' Answer Receiving an unexpected tax bill can be a distressing experience, particularly when you're anticipating a refund but instead are hit with a bill. Generally speaking, the amount of tax that is deducted should be accurate so that a person does not get a large tax bill or a large refund. There are exceptions to this, including if there are large legitimate deductions that can be made, which would result in a refund. However, if you've been on the wrong tax code throughout the year, insufficient tax would have been withheld from your income, resulting in a liability to the Australian Taxation Office (ATO). Your first step should be to understand the basis of the tax debt. If the ATO has rejected certain deductions or identified an incorrect withholding rate, you are entitled to request a detailed explanation. The ATO provides mechanisms for taxpayers to dispute assessments. You may lodge a formal objection under Part IVC of the Taxation Administration Act 1953. The formal objection must be submitted in writing and within the prescribed time limits (generally within two years of the notice of assessment for individuals). The objection should clearly state the grounds on which you disagree with the assessment and include supporting documentation. What happens if you can't afford to fight an ATO debt? If you are experiencing financial hardship and cannot afford professional representation, you may be eligible for assistance through the National Tax Clinic program. These clinics, often run by universities, offer free help to individuals who need support navigating the tax system. Additionally, the ATO offers a service called Dispute Assist, which facilitates early resolution of disputes for unrepresented taxpayers. In cases where the issue stems from incorrect information in your tax return, such as misreported income or overlooked deductions, you may be able to amend your return online via myGov. This is often a faster and more straightforward process than lodging a formal objection. How can I know what is and isn't a work-related expense for the ATO? In relation to work-related expenses, the Australian tax law draws a clear line between deductible and non-deductible items. The general principle is that expenses must be incurred in the course of earning assessable income and must not be private or domestic in nature. Work clothing is only deductible if it is occupation-specific, protective, or a registered uniform. For example, knives for a chef or a high-visibility vest may qualify, but conventional business attire, even if required by your employer, does not. This is because such clothing can be worn outside of work and is therefore considered private. Similarly, travel between home and your regular place of employment is generally not deductible. This is classified as private travel, even if you perform work-related tasks during the commute. Exceptions exist for travel between multiple work sites or if you are required to transport bulky equipment and have no secure storage at your workplace. While the tax system may seem unforgiving, there are legal avenues available to dispute assessments and seek relief. Understanding the rules around deductions and engaging with the ATO through formal channels can help resolve your situation. If needed, seek professional advice or contact a tax clinic to ensure your rights are protected. This legal information is general in nature and should not be regarded as specific legal advice. If you need legal advice, you should consult a in retrieving data Sign in to access your portfolio Error in retrieving data
Yahoo
19-07-2025
- Yahoo
Common neighbour problem plaguing Aussie houses: 'No right'
Welcome to legal column, where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, or money matters impacting relationships or work. This week an Aussie is concerned their neighbour has built too close to their house and ruined their privacy. Question I live in Sydney and have an issue with my neighbour. Well, more that a house was built right behind us and they are high enough that they can see right over our fence and through our whole house. I hated it so much we ended up putting up a higher fence. But if they look out their upstairs window they can still see my entire backyard and into the back rooms of my house. Is there anything I can do about it? Was there something I should have done before it was built. I never considered it, and now it makes me feel our family has completely lost our privacy. RELATED Warning for working from home Aussies over common practice Little-known cryptocurrency detail that could impact millions: 'Lost forever' Centrelink act costing 'hardworking' taxpayers Answer Privacy is essential to feeling safe in your own home and it is important to understand your legal rights and the steps you can take to protect your family. Right to privacy In NSW, there is no explicit right to privacy that prevents neighbours from looking into your property. The law would not consider that your neighbour's windows or balconies looking directly into your home or yard (also known as 'mere overlooking') is unlawful. The law generally does not consider it a nuisance unless the behaviour is excessive or unreasonable. Nuisance If your neighbour's actions are causing a significant disturbance, it might be considered a nuisance. Nuisance is when someone does something that interferes with your use and enjoyment of your property. The interference must be substantial and unreasonable. Occasional or minor intrusions likely wouldn't meet the threshold. The first step would be to talk to your neighbour about the issue. They may not be aware of your concerns and might be willing to take steps to reduce the impact on you. If this doesn't resolve the issue and the visual intrusion is significant, you can take legal action to bring a civil claim of private nuisance, seeking a remedy such as an injunction to stop the behaviour. If you wish to do this, you can start by speaking to a community legal centre for advice. Criminal offences There are various offences under the Crimes Act that relate to 'peeping or prying'. However, these acts are only a crime if your neighbour was intending on observing you doing a private act, as opposed to being able to see your home purely because of the layout of your homes. If at any time you consider their conduct feels excessive or targeted, you should make a complaint to the police. Local council regulations Before a house is built during the development application stage, there are usually local council regulations, building codes and planning permissions that need to be followed. These documents often include guidelines around building height, setbacks, and privacy protections —such as requiring high windows to be frosted or mandating privacy screens on balconies. If you believe the new house does not comply with these guidelines, you might be able to lodge a complaint with your local council or NSW Fair Trading. However, the best time to act would have been during the development application stage, where you could have lodged an objection based on privacy concerns. Now that the house is built, your focus needs to shift to practical solutions like screening, planting hedges, and even negotiating with your neighbour for mutual privacy improvements. This legal information is general in nature and should not be regarded as specific legal advice. If you need legal advice, you should consult a in retrieving data Sign in to access your portfolio Error in retrieving data
Yahoo
12-07-2025
- Business
- Yahoo
Warning for WFH Aussies over common practice: 'Employer has the legal right'
Welcome to legal column, where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, or money matters impacting relationships or work. This week an Aussie who's worked from home for four years asks whether they can be forced back into the office. Question I got my job during covid and have been working from home now for four years. My job doesn't really involve much interaction with my colleagues but now there's a push to come into the office. It's a long commute and I feel like I work better at home. I've shaped my life around being able to duck in and out to school pick ups for my kids and my workflow was never really about logging eight hours straight. I got a new boss recently and he is really getting on my back and micromanages me. He's constantly checking in on what I am doing and I am starting to think he's doing a lot of workplace monitoring. How do I know how much he is looking at? I use my work laptop for personal things outside hours as it's the one I have set up in the house and I didn't think at the time it would be an issue. But I am wondering if that was stupid now and he can access my social media and private messages with my imessage logged in? Little-known cryptocurrency detail that could impact millions: 'Lost forever' Centrelink act costing 'hardworking' taxpayers Superannuation 'red alert' for millions as $1 billion in retirement savings feared lost Answer You've asked a question that many employers and employees are grappling with as remote work arrangements evolve and digital surveillance becomes more common in workplaces. Employers wanting to monitor their employees are using everything from CCTV cameras to GPS and data tracking on electronic devices. In general, your employer has the legal right to monitor and track your work tasks and performance, including how you use your laptop. However, this right is not unlimited and your employer must be transparent about their are certain privacy protections you should be aware of regarding surveillance on your laptop. Employment agreement / workplace policies Firstly, you should review your employment contract or agreement to see if it contains any provisions related to computer usage and monitoring, especially when working remotely. Some employment agreements allow employers to monitor work-related activities on company-provided equipment, even when used at home. Employers often seek consent from employees for surveillance activities in the employment agreement or in a separate consent form. If there is nothing in your employment agreement, find out what your employer's policy is about computer usage and device monitoring. Given you are using a work-issued laptop, the answer is potentially, yes. If your iMessage account is logged in and your messages are being stored or synced to the device, they could be accessible — especially if your employer uses monitoring software that captures screen activity, keystrokes, or file access. Similarly, if you access social media through a browser or app on your work laptop, that activity could be logged. Even if you're doing this outside of work hours, the fact that it's on a work device means it may not be considered private. What is reasonable? In the absence of anything in your employment agreement or in a company policy, employers are generally expected to exercise reasonable and proportionate surveillance activities and to communicate these with employees. What is reasonable and proportionate would depend on the nature of the work you perform and whether there are any concerns about your performance could also be a relevant consideration. Justifiable reasons for using monitoring devices can include to: check the quality of a product or service detect theft or fraud ensure employees are safe at work ensure employees are complying with company policies – such as social media and privacy policies ensure employees are performing at the required level. Personal use We would be concerned if your employer is accessing your social media and iMessages, particularly if you are using these platforms outside of work hours and you are entitled to use your work laptop for personal use. That conduct raises concerns about whether they are acting lawfully in monitoring your personal activities. Flexible work It is unclear if you have a formal flexible work arrangement in place, which would ordinarily give you reassurance about your right to work from home and change your working hours to suit your caring responsibilities. This may be something you should explore further if you don't have a formal arrangement in place. Next steps If you feel your privacy is being compromised, you're well within your rights to ask questions and seek clarity. If the monitoring feels excessive or invasive, or is not consistent with your employer's policies, you should raise these concerns with HR or your union representative. If you cannot reach a satisfactory outcome, you should seek legal advice. This legal information is general in nature and should not be regarded as specific legal advice. If you need legal advice, you should consult a in retrieving data Sign in to access your portfolio Error in retrieving data
Yahoo
04-07-2025
- Business
- Yahoo
Little-known cryptocurrency detail that could impact millions: 'Lost forever'
Welcome to legal column, where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, or money matters impacting relationships or work. This week, a cryptocurrency investor has asked whether it's possible for family or friends to access their money if they die. Question I've been quietly investing in crypto over the last year and have made a decent $100,000 profit. I recently heard of a scenario where a family was locked out of their child's accounts after he died suddenly, as they didn't have access to his phone passcode. In the case of my death, I would want my partner to be able to access my crypto accounts, which I run off my phone. But I am apprehensive as I don't really want her to get access to all my photos and messages. How can I best go about getting her access to some things on my devices and not others. Or is that not possible? And what if she pushes to get it all — is there a way to make sure that won't happen? Centrelink act costing 'hardworking' taxpayers Superannuation 'red alert' for millions as $1 billion in retirement savings feared lost Woolworths payment change hits dozens of supermarkets Answer Cryptocurrency is property, so it can be passed to your family through your will, just like a home, car or bank account. However, unlike those traditional assets, crypto is often locked behind private keys and passwords. If no one knows how to access them, they are effectively lost forever. It is an increasingly common concern, and we've all heard or read about the horror stories of people losing their passwords or hard drives and effectively losing hundreds of millions of should include a list of your crypto holdings, wallet types, and where they're stored. To ensure this list can be included in your will, it should not include any passwords, as a will becomes a public document during probate. The asset inventory should include the specifics of the crypto you hold, for example 0.15 Bitcoin or 1.5 Ethereum rather than their current dollar value as that will change. This person will be responsible for handling your digital assets if you die, and transferring their ownership to whoever you stipulate in your will. This can be stored securely with your will and can contain the passwords for your digital assets. This document isn't made public during probate. These tools allow you to create a vault specifically for crypto-related logins, which can be shared with your partner or executor without exposing your entire digital life. These provide a further layer of security to access funds so no single person can act unilaterally. This will prevent your partner from 'getting it all' which you're concerned about. If you do not prepare a will, or other instructions on how to deal with your cryptocurrency in the event of you dying, this will create a significant roadblock in accessing and distributing your assets. The administrators of your estate may not know of its existence and/or know how to access it, so your crypto could be lost forever. We recommend that you take these steps as soon as possible for peace of mind. This legal information is general in nature and should not be regarded as specific legal advice. If you need legal advice, you should consult a in retrieving data Sign in to access your portfolio Error in retrieving data
