By Nikita Barsby, Special Counsel, Lauren Wright, Lawyer and Miette Xamon, Law Clerk
Business codes of conduct apply equally during work Christmas parties and social occasions
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Taylor Espuis, Author at MDC Legal
By Nikita Barsby, Special Counsel and Miette Xamon, Law Clerk
Effectively managing annual leave and other entitlements over the festive season.
By Renae Harg, Senior Associate and Miette Xamon, Law Clerk
Employer Found to Dismiss Employee Due to Disability
In April 2019, we published an article on the Federal Court decision of Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913. The Federal Court found the employee was dismissed due to his disability.
By Nikita Barsby, Special Counsel and Miette Xamon, Law Clerk
Commission Satisfied Employer Acted In Good Faith
The unfair dismissal application of a pharmaceutical store-person who suffered from debilitating depression and PTSD has been dismissed after the Fair Work Commission found that she was unable to perform the inherent duties of her role.
By Renae Harg, Senior Associate and Lauren Wright, Lawyer
Can you terminate an employee during their probation period?
Some employers proceed under the misapprehension that they can terminate an employee on probation without providing any reason for the dismissal, with the employee unable to pursue any legal claim against them. The recent decision of Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd (No. 2) [2019] FCCA 1295 has shown this is incorrect. Read More
By Nikita Barsby, Special Counsel and Miette Xamon, Law Clerk
Single Touch Payroll is a change to the way employer’s report employee tax and superannuation information to the ATO
The deadline for small businesses to start using the ATO’s Single Touch Payroll (STP) was 30 September 2019. The new system eases reporting requirements for employers to help ensure compliance with wage and superannuation payments.
By Renae Harg, Senior Associate and Madeleine Brown, Associate
Federal Court Rules in Major Personal/Carer’s Leave Dispute
In Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) [2019] FCAFC 138 the Full Court of the Federal Court clarified how paid personal/carer’s leave (also commonly known as sick leave and carer’s leave) entitlements should be paid and accrued.
By Mark Cox, Director and Madeleine Brown, Associate
High Court rules in favour of employer in social media freedom of political communication case
Comcare v Banerji [2019] HCA 23
A public servant sacked for publishing 1000’s of anonymous tweets criticising her employer has failed in her bid to challenge her dismissal as a breach of the implied freedom of political communication. Read More
By Mark Cox, Director and Gemma Little, Associate
Key parental leave employer obligations explained
An employee has requested to work on a part-time basis on return from parental leave. Or a workplace change has resulted in an employee’s position being removed while they are on parental leave. As an employer, what are your obligations? This article outlines the key obligations an employer has while an employee is on, and when they return from, parental leave. Read More
By Mark Cox, Director and Lauren Wright, Lawyer
Employers successfully making cross claims against former employees
In a recent trend, employers are successfully filing cross claims against employees after the employee has commenced claims against the employer. Two recent Federal cases highlight that employers need to issue cross claims in a timely manner, and that employees need to be aware of the significant financial risks that they could be exposed to if their employer pursues a cross claim against them. Read More
By Renae Harg, Senior Associate
Communication made easier by text message but not made right
Although modern businesses use many communication methods to interact with employees and clients, consideration needs to be given to the communication methods used when dealing with employment and industrial relations issues. This is particularly relevant when dismissing an employee. Read More
By Madeleine Brown, Associate
Employer to Pay $170,000 in Grave Case of Sexual Harassment
In a recent decision of the Federal Circuit Court, Hill v Hughes t/a Beesley and Hughes Lawyers, the Court awarded $170,000 in damages to Ms Hill, a paralegal, who suffered a relentless barrage of sexual harassment by her employer. Read More
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
By Renae Harg, Senior Associate and Lauren Wright, Lawyer
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
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.
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
By Renae Harg, Senior Associate and Miette Xamon, Law Clerk
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
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
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
By Mark Cox, Director and Lauren Wright, Lawyer
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
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
By Mark Cox, Director and Lauren Wright, Lawyer
UPDATED – 19 February 2019
In the employment law space, there have been growing calls for all Australian employees to have a minimum entitlement to take either paid or unpaid domestic violence leave. Read More
