Contracts Archives - MDC Legal

Keeping it casual: Casual employee entitled to annual leave

Posted by | complaince, Contracts, contractual entitlements, HR Advice & Support, leave entitlements, modern award | No Comments

WorkPac Pty Ltd v Skene [2018] FCAFC 131

The Full Court of the Federal Court of Australia has rejected WorkPac’s argument that the “industrial meaning” of the term “casual employee” has been incorporated into the Fair Work Act 2009 (Cth) (the Act) for the purpose of the National Employment Standards (NES).

Instead, the Court held the essence of the casual employment relationship is the “absence of a firm advance commitment as to the duration of the employee’s employment or the days (or hours) the employee will work”.

Whether an employee is a “casual employee” should be determined by looking at indicia of casual employment, the conduct of the parties and the real substance, practical reality and true nature of the relationship.

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Are you being underpaid? Are you underpaying your staff?

Posted by | Articles, complaince, Contracts, contractual entitlements, HR Advice & Support, modern award | No Comments

Fair Work Ombudsman audit

The Fair Work Ombudsman (FWO) recently conducted an audit of businesses throughout the eastern states of Australia which found that found that 72% of the businesses had breached workplace laws.[1] The audit resulted in the recovery of $471,904 for 616 workers across the 234 businesses audited. The most common breach was an underpayment of hourly rates, followed by non-existent or inadequate employment records.

“72% of businesses had breached workplace laws”

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What’s in a name: The effect of a position title on Modern Award coverage

Posted by | Articles, complaince, Contracts, HR Advice & Support, modern award, Terminations, Unfair Dismissals & Adverse Action, Training & Compliance | No Comments

It is a common misconception amongst employers that a senior position title and high income can exclude an employee from being covered by a modern award. Not so. Instead, employers must look to the principle purpose of the position the employee was performing to assess whether it is covered by the classifications of roles covered by the award.

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What are your business’ New Year’s workplace relations resolutions?

Posted by | Articles, Contracts, Discrimination & Bullying, Dispute Resolution & Advocacy, HR Advice & Support, Industrial Relations, Terminations, Unfair Dismissals & Adverse Action | No Comments

HRD Australia recently reported that the success rate of Australian employers in unfair dismissal cases has dropped below 40% for the first time – while these remain the claim of choice for employees, with an unfair dismissal claim lodged every three and a half minutes in Australia.1

We expect hot topics for workplaces will include managing poor performance and bullying and stress claims, avoiding award or NES breach claims (and the risk of huge new penalties) or discrimination claims.

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employment lawyer at his desk

SME? How Employment Law Applies to You

Posted by | Articles, Contracts, Discrimination & Bullying, Industrial Relations | No Comments

The relationship between employer and employee is subject to a multitude of Australian state and federal laws and is key to the success of any business. Small and medium enterprises (SMEs) face a number of challenges when managing their employees. Many businesses lack a dedicated human resources department, leaving HR responsibilities to busy owners or senior managers.

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Employing “permanent” casuals: what are the benefits and risks for your business?

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If employees are inappropriately classified as casuals, they may be able to bring claims against their employer for breaches of Modern Awards or the Fair Work Act 2009. They may also be able to claim that their employer has misrepresented their workplace rights. In these circumstances, employees will be entitled to seek compensation as well as penalties of up to $54,000 against the employer for each breach or misrepresentation.

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MDC Legal Win for Employer Against Large Bonus Claims

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MDC Legal has successfully defended an employer against an employee’s claims for unpaid visa expenses and bonuses exceeding $200,000. The applicant, Mr Bradley, was employed by the respondent, Binder Group Pty Ltd, as their WA Industrial Sales Manager and later as its National Sales Manager from July 2011 to April 2015. After resigning from his employment, Mr Bradley brought proceedings in the Western Australian Industrial Relations Commission (Commission) against Binder Group alleging that he was owed contractual benefits. All of Mr Bradley’s claims were rejected by the Commission.

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Take Care When Making Employees on Parental Leave Redundant

Posted by | Articles, Business Restructures & Redundancies, Contracts, Terminations, Unfair Dismissals & Adverse Action | No Comments

In the recent case of Heraud v Roy Morgan Research Ltd [2016] FCCA 185, the Federal Circuit Court of Australia (FCCA) found that Roy Morgan Research Ltd (RMR) contravened provisions of the Fair Work Act (FW Act) by refusing an employee’s request for flexible working hours and making her redundant while she was on maternity leave.

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