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 life than that, so he applied himself in law school as a mature-aged student, then received an offer from a law firm in Melbourne. He followed his partner to Ballarat and soon decided to set up his own practice, Lydiard Law, and he hasn’t looked back. He loves what he does, and he encourages anybody to follow their own passion, and be grateful for the people they have around them. Law on Lydiard https://www.lawonlydiard.com.au/See omnystudio.com/listener for privacy information.

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, Principal at Law on Lydiard takes us through the finer details of the law. Law on Lydiardhttps://www.lawonlydiard.com.au/ See omnystudio.com/listener for privacy information.

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, termination, redundancy, and so on. Paul Cott, Principal at Law on Lydiard, explains the rights of all employees. Law on Lydiardhttps://www.lawonlydiard.com.au/See omnystudio.com/listener for privacy information.

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 the role of tribunals in the judicial system? Paul Cott, Principal at Law on Lydiard discusses Australia’s court and tribunal system. Law on Lydiardhttps://www.lawonlydiard.com.au/ See omnystudio.com/listener for privacy information.

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 “ignorance” defence. To discuss underpayment – whether it’s wages or superannuation or annual leave – is Paul Cott, Principal at Lydiard Law. Law on Lydiardhttps://www.lawonlydiard.com.au/See omnystudio.com/listener for privacy information.

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 redundancy and the requirements employers should understand. Law on Lydiardhttps://www.lawonlydiard.com.au/See omnystudio.com/listener for privacy information.

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 business owners should keep in mind when employing casuals. Law on Lydiard https://www.lawonlydiard.com.au/ See omnystudio.com/listener for privacy information.

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 reasonable or not? Paul Cott, Principal at Law on Lydiard discusses some of the main issues of an unfair dismissal matter in action. Law on Lydiard – https://www.lawonlydiard.com.au/ See omnystudio.com/listener for privacy information.

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, DivorceRight, which deals with family law matters. Anne Marie knows how important communication is when it comes to negotiation. In this episode, Paul Cott, Principal at Law on Lydiard discusses with Anne Marie, the importance of managing conflict. And she offers some tips on how to manage stress levels, when it comes to having those tough conversations. DivorceRight – https://www.divorceright.com.au/ Law on Lydiard – https://www.lawonlydiard.com.au/See omnystudio.com/listener for privacy information.

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, though, it’s not so clear cut. An avenue for a disgruntled dismissed employee is by lodging a claim to the Fair Work Commission. Paul Cott, Principal at Lydiard Law, discusses the ins and outs of unfair dismissal and how the process works. Law on Lydiardhttps://www.lawonlydiard.com.au/See omnystudio.com/listener for privacy information.