Taylor Espuis, Author at MDC Legal

whistleblower protection

Whistleblower Protection Changes – Update Your Policy Now

Posted by | Articles, Performance Management & Misconduct Investigations | No Comments

By Renae Harg, Senior Associate

Australia amends whistleblower protection laws

New laws providing greater protection for whistleblowers were passed through federal parliament and take effect on 1 July 2019. The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) (Whistleblower Act) was introduced to provide for a single, strengthened whistleblower regime to cover the corporate, financial and credit sectors. Read More

employee confidentiality agreement

Breach of Confidentiality: What You Need to Know

Posted by | Articles, polices and procedures | No Comments

by Renae Harg, Senior Associate and Lauren Wright, Law Graduate

Employment Law: Breach of Confidentiality – what you need to know ­

Increases in technology have made it easier for employees to transmit their employer’s confidential information. Confidential information such as client lists, supplier information, pricing and financial arrangements, employee arrangements and business strategies can be invaluable to a business. Read More

Indemnity clause

Careful Case Preparation May Help Avoid Indemnity Costs

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By Renae Harg, Senior Associate and Madeleine Brown, Associate.

Indemnity costs awarded for rejection of offer

Two teachers have been ordered to pay their former employer’s costs on an indemnity basis after they unreasonably refused a $10,000 settlement offer. Mr Carr and Mr Pathik commenced proceedings in the Federal Circuit Court alleging that their former employer, ILSC (Brisbane) Pty Ltd, had underpaid them, breached the modern award that covered their employment and breached their general protections by reducing their weekly hours after they made a complaint in relation to their employment.

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Vulnerable Workers Act

Fair Work Breaches Prompt Changes for Holding Companies

Posted by | Articles, complaince | No Comments

By Renae Harg, Senior Associate and Gemma Little, Associate

Exploitation of vulnerable workers by your franchisee or subsidiary could see you liable

As any entrepreneur knows, there are legal requirements and responsibilities that are part of running your own business. But did you know that as a franchisor or holding company you have additional responsibilities for ensuring compliance with the Fair Work Act 2009 (Cth) (FW Act), and that you could be liable for your subsidiaries’ or franchisees’ breaches of the FW Act? Read More

Smoking in the workplace

Save Your Health and Your Business With a Smoking in the Workplace Policy

Posted by | Occupational Safety and Health, polices and procedures | No Comments

By Senior Associate, Renae Harg and Law Clerk, Miette Xamon

Smoking in the workplace can damage more than your health

Smoking is becoming progressively less common in Australia and has decreased by 36% since 2001. However, 2.5 million Australians (or 1 in 7 aged 15 and over) still smoke daily. While smoking is slowly being suppressed, it is still a significant occurrence in many workplaces and can raise certain challenges for employers. Do employers have to accommodate smokers? Or are employers allowed to implement strict no-smoking policies? Read More

how long do employers need to keep employee records

Record Keeping Requirements for Employers: What You Need to Know

Posted by | complaince, HR Advice & Support, Terminations, Unfair Dismissals & Adverse Action | No Comments

By Gemma Little, Associate

Keeping employment records is your responsibility as an employer

Everyone knows that employers must keep employee records, right? Apparently not. Some employers have been caught out because they have either not kept adequate employee records, or not kept employee records at all. Read More

accessorial liability

Accessorial Liability – Your Responsibilities Under Fair Work Act

Posted by | Articles, complaince, Doing Business in Australia | No Comments

By Mark Cox, Director and Renae Harg, Senior Associate 

Accessorial liability: if you are aware, you can be held liable

Company directors, human resource managers or other managers and accountants can be held accountable for contraventions of the Fair Work Act 2009 (FW Act). You need to be aware of the requirements under the Act and not turn a blind eye to breaches of the Act. According to the Fair Work Ombudsman, ‘Accessorial liability provisions allow us to hold anyone involved in a contravention accountable, even if the business has gone into liquidation.’ Read More

long term casual employee rights

Casual employment rights – what you need to know to avoid costly dilemmas

Posted by | casual staff, complaince, contractual entitlements, Doing Business in Australia | No Comments

By Mark Cox, Director and Lauren Wright, Law Graduate

Employer required to pay thousands in compensation to casual employee

A recent decision handed down by the Full Court of the Federal Court of Australia has resulted in heated discussion regarding long term casual employee rights. In WorkPac v Skene, despite being termed a ‘casual employee’ by his employer WorkPac,  Mr Skene was found to be a permanent employee and awarded compensation (including interest) in lieu of annual leave entitlements. Read More

Terminating an Employee with Mental Health Issues

Terminating an Employee with Mental Health Issues – Federal Court Ruling

Posted by | disciplinary action, HR Advice & Support, redundancy, Terminations, Unfair Dismissals & Adverse Action | No Comments

By Mark Cox, Director and Renae Harg, Senior Associate 

Federal Court Ruling Highlights the Complexity of Terminating the Employment of an Employee with Mental Health Issues

The Federal Court ruling in Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913 highlights the complexities in terminating the employment of unwell employees, including employees with mental health issues. Read More