By Renae Harg, Senior Associate and Madeleine Brown, Associate
The Fair Work Commission has ordered an employer to pay eight weeks’ wages to an apprentice after it found that an employee was unfairly dismissed for refusing to work additional hours on a Sunday. This decision is a reminder for employers to carefully consider whether requests to work additional hours are reasonable.
By Mark Cox, Director, Lauren Wright, Lawyer and Miette Xamon, Law Clerk
Christmas casuals: a guide for employers
During the festive season, many businesses employ additional casual staff to help manage the increase in customers, sales and the extended retail trading hours.
By Nikita Barsby, Special Counsel and Miette Xamon, Law Clerk
Effectively managing annual leave and other entitlements over the festive season.
By Renae Harg, Senior Associate and Miette Xamon, Law Clerk
Employer Found to Dismiss Employee Due to Disability
In April 2019, we published an article on the Federal Court decision of Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913. The Federal Court found the employee was dismissed due to his disability.
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.
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
By Joanna Knoth, Senior Associate and Gemma Little, Associate
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.
By Gemma Little, Associate
Keeping employment records is your responsibility as an employer
Everyone knows that employers must keep employee records, right? Apparently not. Some employers have been caught out because they have either not kept adequate employee records, or not kept employee records at all. Read More
By Mark Cox, Director and Renae Harg, Senior Associate
Federal Court Ruling Highlights the Complexity of Terminating the Employment of an Employee with Mental Health Issues
The Federal Court ruling in Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913 highlights the complexities in terminating the employment of unwell employees, including employees with mental health issues. Read More
By Mark Cox, Director and Lauren Wright, Lawyer
UPDATED – 19 February 2019
In the employment law space, there have been growing calls for all Australian employees to have a minimum entitlement to take either paid or unpaid domestic violence leave. Read More
By Mark Cox, Director and Miette Xamon, Law Clerk
With the flexibility of information technology, working from home is easier than ever, and more popular for many, being associated with greater overall job satisfaction.
By Joanna Knoth, Senior Associate and Renae Harg, Senior Associate
Now that the festive season is over, employers can focus on the year ahead. What New Year’s resolutions are you making for your business?
Below are some practical New Year’s resolutions that may minimise your employment law risks.
By Mark Cox, Director & Miette Xamon, Law Clerk
Misconduct in the workplace can be a tricky matter for employers to deal with, which is often made more difficult due to Christmas shut downs and staff annual leave. There are 5 steps that an employer should consider when investigating misconduct and deciding to take disciplinary action to mitigate the risk that an employee (either the person alleged to have engaged in misconduct, or the person on the receiving end of that conduct) will mount legal claims.
By Joanna Knoth, Senior Associate and Lauren Wright, Lawyer
Along with the Christmas party, client lunches and the office secret Santa, the festive season may bring a significant increase in employee expense claims.
By Nikita Barsby, Special Counsel and Renae Harg, Senior Associate
Some employees may see the Christmas period as an opportunity to focus more on festive season activities and less on work. Employees may spend excessive time away from the office, having lunch or Christmas shopping. Other employees may spend excessive time online, shopping for Christmas presents or planning Christmas activities, or excessive time decorating the office. These types of behaviours can be difficult for employers to manage, without appearing Grinch-like and while still ensuring staff morale remains positive over the busy Christmas period.
By Nikita Barsby, Special Counsel and Madeleine Brown, Associate
Even the most well managed work Christmas parties sometimes don’t go to plan. We highlight below how to deal with the aftermath if things go wrong.
By Mark Cox, Director and Renae Harg, Senior Associate
The work Christmas party provides employers with the opportunity to thank employees for their efforts and celebrate the achievements of the year, and for employees to unwind, socialise and enjoy themselves.
By Joanna Knoth, Senior Associate and Lauren Wright, Lawyer
As we rapidly approach the end of the year, the office Christmas party can be cause for concern for many employers. There are two key issues that employers should turn their mind to when planning the party.
By Nikita Barsby, Special Counsel and Lauren Wright, Lawyer
An interview provides an employer with an opportunity to get to know prospective employees and assess their suitability for employment. Often, there are many questions an employer wants to ask a prospective employee – however care should be taken to avoid questions which can later be relied on by the interviewee to mount legal claims.
By Renae Harg, Senior Associate and Lauren Wright, Lawyer
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).
By Nikita Barsby, Special Counsel and Lauren Wright, Lawyer
The Fair Work Ombudsman (FWO) recently conducted an audit of businesses throughout the eastern states of Australia which 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.
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.
By Lauren Hodson, Law Clerk
The gender pay gap in Australia currently sits at a staggering 17.3% in base remuneration (in favour of men), which increases to 22.4% when looking at total remuneration.[1] This equates to approximately $16,183 p/a and $26,527 p/a respectively.
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.
By Mark Cox, Director and Ruth Collins, Lawyer
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.
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.
By Nicholas Parkinson, Lawyer
Under the Fair Work Act 2009 and the Fair Work Regulations 2009, Australian employers are required to keep records in relation to each of their employees.
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.
By MDC Legal
In a recent decision of the Federal Circuit Court an external accountant who advised a business on its employee arrangements was held liable under the accessorial provisions of the Fair Work Act. This decision is a red flag to external advisors who are closely involved with HR, payroll and employee entitlements of employer businesses.
By Nikita Barsby, Special Counsel
Around 45% of Australians aged between 16 and 85 will experience a mental illness in their lifetime, and 1 in 5 Australian adults will experience a mental illness in any given year.[1] Therefore, it is very likely that from time to time an employer will need to performance manage an employee who is experiencing a mental illness.
By MDC Legal
A well drafted employment contract, complemented by a professionally prepared Employee Handbook and Management Guide, provides a solid foundation for a positive employment relationship, and minimises the risk of legal claims.
By Nicholas Parkinson, Lawyer
How “discretionary” are discretionary bonuses? Recent lessons from Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSC 163
By Ruth Collins, Lawyer
On 23 February 2017 the Full Bench of the Fair Work Commission (FWC) handed down a significant decision following a review of weekend and public holiday penalty rates across the following six modern awards.
By Mark Cox, Director & Joanna Knoth, Senior Associate
Employment law covers a broad range of complex legal issues affected by layers of common law and statute across state and federal jurisdictions. These legal issues begin in business set up or acquisition stage, with transmission of business, recruitment of new employees, establishing suitable contracts, and complying with awards and National Employment Standards – establishing the employment relationship.
By Mark Cox, Director and Joanna Knoth, Senior Associate
What an employee says and does on social media, including outside work time, can have an adverse effect on the business they work for or the colleagues they work with.
By Nicholas Parkinson, Lawyer
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.
By Ruth Collins, Lawyer
In the recent case of Joseph Roussety v Castricum Brothers Pty Ltd the Supreme Court of Victoria was called upon to consider an employee’s negligence claim for overwork causing psychiatric injury. This case serves as a salient reminder that an employer owes a duty to take reasonable care to avoid any foreseeable risk of injury arising from an employee’s circumstances of employment. In particular, it warns of the dangers of cost cutting without having regard to the effect on existing employees.
By MDC Legal
Ms Heraud went on maternity leave in September 2013. She was due to return to her role in a senior position in July 2014. Meanwhile, Roy Morgan had a revenue downturn leading to a restructure of its operations, causing Ms Heraud’s role to be made redundant.
By MDC Legal
Not so long ago, there was a clear line between work and play – between conduct at work and employees’ private lives, with the latter being none of the employer’s business. Now, due to advances in technology (particularly information technology), the expansive reach of social media, and because employees are increasingly working from anywhere, the boundary between work life and private life has blurred.
By Nicholas Parkinson, Lawyer
A recent study1 of 97 public and private sector employers in Australia found that 40% of all personal leave was taken on Mondays, which is double any other day. 45% of employers surveyed believed that employees were absent on personal leave because they were “chucking a sickie”.
Level 3, 8 Outram Street, West Perth
(08) 9288 4000
Mon - Friday 8am to 5pm
MDC Legal © 2025 All Rights Reserved. Website Design: BMC Solutions Powered by Troppus IT & Management
