By Mark Cox, Director and Joanna Knoth, Senior Associate
Our specialist workplace lawyers provide four great examples of what workplace discrimination looks like.
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MDC Legal, Author at MDC Legal - Page 3 of 3
By MDC Legal
A female hotel employee in Queensland has been awarded $313,000 in damages for sexual harassment and assault she was subjected to in her bed by the hotel caretaker. The case rings a warning to employers that they need to take reasonable steps to prevent employees engaging in or being exposed to such conduct.
By Mark Cox, Director and Joanna Knoth, Senior Associate
Unfair dismissal occurs when an employee’s dismissal from employment is harsh, unjust or unreasonable. Those who are unfairly dismissed may be eligible to receive compensation by making an unfair dismissal claim. In a small number of cases they may get an order for reinstatement to their former job.
By Mark Cox, Director and Joanna Knoth, Senior Associate
Restraints of trade generally involve preventing employees and contractors from competing with a business during and after their employment.
By Nicholas Parkinson, Lawyer
Doing business in another country or jurisdiction can present unexpected difficulties and challenges. For foreign businesses looking to expand into Australia, complying with Australia’s industrial relations system can be particularly difficult.
However, ensuring that you meet your employment obligations and that you have sound employment practices in place is essential to the success of your Australian operations.
When does the Fair Work Act 2009 apply to your business or employees?
By Conor Fahey, Lawyer
In some cases, it can be difficult to determine if a worker is an employee or an independent contractor, because it is often the case that some of the relevant indicia may point towards an employment relationship, while other indicia may point to an independent contractor relationship.
By Mark Cox, Director and Joanna Knoth, Senior Associate
Sometimes employers want to hire an employee for a short or specific amount of time. This could be for a short-term project or for work that is seasonal in nature. In these cases, it is important to know what kind of employment contract is best for the situation.
By Mark Cox, Director and Joanna Knoth, Senior Associate
What an employee says and does on social media, including outside work time, can have an adverse effect on the business they work for or the colleagues they work with.
By MDC Legal
This decision highlights the dangers for companies and their owners or directors misrepresenting to individuals that they will be engaged as contractors when they in fact are employees.
By Mark Cox, Director and Joanna Knoth, Senior Associate
We talk about four valid reasons to terminate an employee, including misconduct, genuine redundancy, poor performance and incapacity.
By Mark Cox, Director and Joanna Knoth, Senior Associate
Good employment contracts are essential to the success of any business and care is needed to ensure they comply with various applicable industrial laws. The employment contract is an agreement between an employer and an employee that sets out the obligations and rights of each party.
By Mark Cox, Director and Joanna Knoth, Senior Associate
Dealing with an unfair dismissal claim requires an understanding of employment law. Get legal advice from an employment lawyer soon as possible.
By MDC Legal
The relationship between employer and employee is subject to a multitude of Australian state and federal laws and is key to the success of any business. Small and medium enterprises (SMEs) face a number of challenges when managing their employees. Many businesses lack a dedicated human resources department, leaving HR responsibilities to busy owners or senior managers.
By Nicholas Parkinson, Lawyer
If employees are inappropriately classified as casuals, they may be able to bring claims against their employer for breaches of Modern Awards or the Fair Work Act 2009. They may also be able to claim that their employer has misrepresented their workplace rights. In these circumstances, employees will be entitled to seek compensation as well as penalties of up to $54,000 against the employer for each breach or misrepresentation.
By Ruth Collins, Lawyer
In the recent case of Joseph Roussety v Castricum Brothers Pty Ltd the Supreme Court of Victoria was called upon to consider an employee’s negligence claim for overwork causing psychiatric injury. This case serves as a salient reminder that an employer owes a duty to take reasonable care to avoid any foreseeable risk of injury arising from an employee’s circumstances of employment. In particular, it warns of the dangers of cost cutting without having regard to the effect on existing employees.
By Ruth Collins, Lawyer
MDC Legal has successfully defended an employer against an employee’s claims for unpaid visa expenses and bonuses exceeding $200,000. The applicant, Mr Bradley, was employed by the respondent, Binder Group Pty Ltd, as their WA Industrial Sales Manager and later as its National Sales Manager from July 2011 to April 2015. After resigning from his employment, Mr Bradley brought proceedings in the Western Australian Industrial Relations Commission (Commission) against Binder Group alleging that he was owed contractual benefits. All of Mr Bradley’s claims were rejected by the Commission.
By MDC Legal
Ms Heraud went on maternity leave in September 2013. She was due to return to her role in a senior position in July 2014. Meanwhile, Roy Morgan had a revenue downturn leading to a restructure of its operations, causing Ms Heraud’s role to be made redundant.
By MDC Legal
Not so long ago, there was a clear line between work and play – between conduct at work and employees’ private lives, with the latter being none of the employer’s business. Now, due to advances in technology (particularly information technology), the expansive reach of social media, and because employees are increasingly working from anywhere, the boundary between work life and private life has blurred.
By Ruth Collins, Lawyer and Jessie Poon, Lawyer
The recent unfair dismissal case of Michael Treen v Adelaide Services Alliance T/A Allwater JV [2016] FWC 2737 (Treen) highlights the need for employers to be consistent in their disciplinary action.
By Nikita Barsby, Special Counsel
In November 2015, Mark Cox and Nikita Barsby presented this topic to lawyers and human resources professionals at Legalwise’s seminar: “Workplace Law – A Brave New World for Employers.”
By Nikita Barsby, Special Counsel
In the recent case of Heraud v Roy Morgan Research Ltd [2016] FCCA 185, the Federal Circuit Court of Australia (FCCA) found that Roy Morgan Research Ltd (RMR) contravened provisions of the Fair Work Act (FW Act) by refusing an employee’s request for flexible working hours and making her redundant while she was on maternity leave.
By Nicholas Parkinson, Lawyer
A recent study1 of 97 public and private sector employers in Australia found that 40% of all personal leave was taken on Mondays, which is double any other day. 45% of employers surveyed believed that employees were absent on personal leave because they were “chucking a sickie”.
