Articles Archives - MDC Legal

by Brandon Yip, Lawyer

Workplace investigations are crucial for addressing allegations of misconduct, policy breaches, or workplace incidents. They aim to gather relevant evidence to determine if the allegations are substantiated and whether disciplinary action, including dismissal, is necessary.

This article explores the investigation process, starting from appointing a suitable investigator to drawing conclusions from available investigation evidence. This is not an exhaustive list of investigative steps. Investigators should make their own investigation plan which records the framework of the investigation process and revisit and/or revise the plan as different situations arise.

by Paul Hyun, Lawyer

As an employer you will probably at some stage need to undertake a disciplinary process with an employee.

The disciplinary process may already be a daunting task for some employers, more so when a union official or lawyer attends the meeting with the employee.

To ensure that you do not expose yourself or the company to the risk of a claim, it is important that you understand how to conduct the disciplinary process, in particular the circumstances in which a person can attend the meeting as a representative or a support person and the difference between the two roles.

By Andrea McNamara, Senior Associate

The Fair Work Legislation Amendment (Closing Loopholes No 2) Act 2024 introduces changes that will affect small businesses regarding an employee’s “right to disconnect”.

What is the impact of these changes on small business, and how can you comply with an employee’s right to disconnect while still ensuring that the operational requirements of your business are met?

This article outlines what you need to know about:
i) the right to disconnect for your small business; and
ii) how to prepare for the changes to ensure compliance.

By Nikita, Barsby, Special Counsel

With the new financial year upon us, what is your business planning to do differently this year to more effectively and efficiently manage one of the most important aspects of managing any business – its workplace relations? With a myriad of changes coming into play in the workplace relations landscape, it’s crucial to take the time to reflect on and refresh workplace relations practices. Here are our suggestions to set your business up for workplace relations success, and minimise risk, this new financial year.

By Mark Cox, Director and Andrea McNamara, Senior Associate

By Mark Cox, Director and Andrea McNamara, Senior Associate

The first of our series looks at the recently passed ‘Closing Loopholes’ legislation. The changes take effect at different times between now and 2025.

By Mark Cox, Director and Andrea McNamara, Senior Associate

Part 2 of this three-part article series on significant recent and upcoming changes to employment law outlines key amendments under the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022.

By Mark Cox, Director and Andrea McNamara, Senior Associate

Part 3 of this three-part article series on significant recent and upcoming changes to employment law outlines key amendments under the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023.

By Monica Vu, Associate

There are four public holidays in March and April 2024. Will your business be needing employees to work on public holidays? If so, read on to ensure compliance when it comes to public holiday work.

by Lucy Wardle, Lawyer

The Fair Work Commission has dismissed a general protections application on the basis the applicant was solely a director – and not an employee. Consequently, the applicant could not have been “dismissed” as that term is defined within the Fair Work Act 2009 (Cth) and his general protections claim failed.

By Andrea McNamara, Senior Associate

As of December 2023 the Australian Human Rights Commission (AHRC) has new powers to enforce compliance with the positive duty of employers to prevent sex discrimination and harassment. The AHRC has new enforcement powers to initiate inquiries, make recommendations, issue compliance notices, refer matters to the federal court and enter into legally binding agreements with employers regarding required action.

This blog highlights recent and upcoming changes to the Fair Work Act 2009 (Cth) (FW Act) that are likely to affect your employee relations.

The recent Secure Jobs, Better Pay Amendment Act 2022 (Cth), has introduced changes to employee and employer obligations staggered to commence throughout the year. One area of significant change is dealing with an employee’s request for flexible working arrangements.  These changes came into effect on 6 June 2023.

On 28 March 2023 the Full Federal Court handed down a decision with major effects across various industries, regarding rostering employees on public holidays. The Court found that the employer Respondent, OS MCAP Pty Ltd, had contravened the Fair Work Act in rostering its employees to work on two public holidays, without providing reasonable requests beforehand.

At MDC Legal we are proud, as a firm with a strong majority of female employees, to celebrate International Women’s Day!
Today is not only a day to celebrate progress towards gender equality but also an opportunity to bring awareness to areas for improvement.

This year, changes to the Work Health Safety Act 2020 (WA) (the Act) commenced, providing for new and refined obligations for employers and workers.
In this article, we provide a concise breakdown of the requirements for reporting a notifiable incident under the Act.

By Nicholas Morrison, Law Clerk.

What do you need to be aware of?

An all-too-common pitfall for Australian employers is the risk associated with underpayment or falling behind on employee entitlements. In Australia, the pay and work entitlements of employees are primarily governed by the National Employment Standards and any applicable Modern Award; however, employers should also be aware of other entitlements that may arise from Enterprise Agreements, legislation, or employee contracts.

By Clare Tunney, Associate.

Whether you’re an employee or an employer, it’s important to know whether you/your employee’s position is award covered and, if so, by which award.
Award coverage is relevant to determining monetary and non-monetary entitlements, as well as availability of/exposure to unfair dismissal claims on termination of employment and breach of award claims.

The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (‘Respect at Work Act’) commenced on 11 September 2021.
The Act amends the following legislation:
• Fair Work Act 2009 (Cth) (FW Act)
• Australian Human Rights Commission Act 1986 (Cth) (AHRC Act)
• Sex Discrimination Act 1984 (Cth) (SD Act).

The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Act) commenced operation on 27 March 2021. The Act introduces significant amendments regarding casual employment and the obligations on employers of casual employees.

With the recent lock down in Western Australia and Premier Mark McGowan’s recommendation that those who can should work remotely, working from home has re-emerged as a forefront issue.

By Mark Cox, Director & Nikita Barsby, Special Counsel

As Coronavirus (COVID-19) continues to affect and even shut down workplaces across Australia, and amid warnings the situation will worsen in coming weeks and months, perhaps even to a widespread lock down, businesses around the country are developing contingency plans.