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

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

Overtime and Reasonable Additional Hours

Overtime and Reasonable Additional Hours in Australia

Posted by | additional hours, HR Advice & Support, modern award | No Comments

By Joanna Knoth, Senior Associate and Gemma Little, Lawyer

An employee is not be entitled to be paid for any “reasonable additional hours” they work. However, an employee may be entitled to be paid overtime, penalty rates or other allowances for time worked outside of or in addition to their ordinary hours of work if they are covered by an award or enterprise agreement.

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