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Dispute Resolution & Advocacy Archives - MDC Legal

Directing an employee to attend an independent medical assessment

Posted by | contractual entitlements, Dispute Resolution & Advocacy, HR Advice & Support, leave entitlements | No Comments

By Mark Cox, Director, Gemma Little, Associate and Lauren Wright, Lawyer

The winter months often bring an increase in employees’ use of personal leave, primarily due to illness. An employee’s brief and temporary absence, whether due to illness or even injury, supported by adequate medical evidence, can usually be managed by the employer without issue.

However, difficulty and uncertainty arise where an employee takes extended personal leave with medical evidence that has little or no detail on the illness or injury suffered, or which offers no foreseeable return to work date. An employee’s extended absence can pose significant issues for the management and operation of a business. Navigating this situation can become increasingly complex if an employee has taken personal leave in response to a disciplinary or performance management process.

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Domestic violence leave in Australia

Posted by | Articles, Dispute Resolution & Advocacy, HR Advice & Support | No Comments

By Lauren Wright, Lawyer 

In the employment law space, there has been growing debate on whether all Australian employees should have a minimum entitlement to take either paid or unpaid domestic violence leave. The debate was reinvigorated in March, when, as part of the four-yearly review of modern awards, the Fair Work Commission introduced 5 days’ unpaid domestic violence leave for all award-covered employees.

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LinkedIn or “LockedOut”? Policies and restraints on employee use of Social Media

Posted by | Articles, Dispute Resolution & Advocacy, HR Advice & Support, Industrial Relations, Restraints of Trade, Training & Compliance | No Comments

By Mark Cox, Director and Lauren Wright, Lawyer 

LinkedIn is one example of how new technologies and social media “disruptors” are intercepting with the workplace in ways that challenge our traditional notions of employment rights and obligations.

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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

By Nikita Barsby, Special Counsel 

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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