unfair dismissal

Employee’s Unfair Dismissal Claim Dismissed

Posted by | Articles, unfair dismissal | No Comments

By Miette Xamon, Law Clerk and Nikita Barsby, Senior Associate

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.

In Jack v Sigma Healthcare [2019] FWC 6364  the Commission acknowledged the lengthy period for which the employer kept the employee’s position open while she was ill/injured, and the procedurally fair process it conducted in terminating her employment. Read More

Dismissing an Employee

Probationary Problems: Dismissing an Employee on Their Probation Period

Posted by | Performance Management & Misconduct Investigations, Terminations, Unfair Dismissals & Adverse Action | No Comments

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

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

Single touch payroll

Single Touch Payroll: Implementation Deadline Passed

Posted by | complaince, pay rates, polices and procedures | No Comments

By Miette Xamon, Law Clerk and Nikita Barsby, Senior Associate.

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. Read More

Sick & carer's leave

Federal Court Rules In Major Personal/Carer’s Leave Dispute

Posted by | contractual entitlements, leave entitlements | No Comments

By Renae Harg, Senior Associate & 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. Read More

MDC Legal Workplace Update – Spring 2019

Posted by | Articles, complaince, confidentiality, Contracts, disciplinary action, HR Advice & Support, polices and procedures, Policies and Procedures, sexual harassment | No Comments

Its Spring! Although it’s still brisk and blustery out there – in the weather and many of our clients’ businesses – with some ongoing workplace issues this year being ensuring the correct classification of workers as either employees or independent contractors, permanent or casual engagement, and new developments in domestic violence leave entitlements and casual conversion rights.

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social media for employees

High Court Rules on Social Media and Free Speach

Posted by | misconduct, Performance Management & Misconduct Investigations, polices and procedures | No Comments

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

Parental Leave

Parental Leave — Important Responsibilities As An Employer

Posted by | complaince, Doing Business in Australia, HR Advice & Support, leave entitlements, redundancy | No Comments

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

filing a cross claim

Employee claimants can face cross claims

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

By Mark Cox, Director and Lauren Wright, Law Graduate

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

dismissing an employee

Dismissal By Text is Out. Common Courtesy Prevails.

Posted by | Terminations, Unfair Dismissals & Adverse Action | No Comments

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

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