By Nikita Barsby, Special Counsel, Lauren Wright, Lawyer and Miette Xamon, Law Clerk
Business codes of conduct apply equally during work Christmas parties and social occasions
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Performance Management & Misconduct Investigations Archives - MDC Legal
By Renae Harg, Senior Associate and Lauren Wright, Lawyer
Can you terminate an employee during their probation period?
Some employers proceed under the misapprehension that they can terminate an employee on probation without providing any reason for the dismissal, with the employee unable to pursue any legal claim against them. The recent decision of Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd (No. 2) [2019] FCCA 1295 has shown this is incorrect. Read More
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
By Mark Cox, Director and Lauren Wright, Lawyer
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
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
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 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 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
Qantas has succeeded in its appeal to undo the unfair dismissal finding for a flight attendant who stole alcohol and lied during the investigation. The FWC Full bench overturned the ruling of unfair dismissal in Qantas Airways Limited v David Dawson [2017] FWCFB 41, finding that Deputy President Lawrence had failed to take into account the Qantas employee’s dishonesty during the investigation into allegations of theft.
By Conor Fahey, Lawyer
Formal written warnings and structured performance improvement plans are not an essential requirement to prove that a dismissal, based on poor performance, is fair.
By MDC Legal
A female hotel employee in Queensland has been awarded $313,000 in damages for sexual harassment and assault she was subjected to in her bed by the hotel caretaker. The case rings a warning to employers that they need to take reasonable steps to prevent employees engaging in or being exposed to such conduct.
By Mark Cox, Director and Joanna Knoth, Senior Associate
We talk about four valid reasons to terminate an employee, including misconduct, genuine redundancy, poor performance and incapacity.
By Mark Cox, Director and Joanna Knoth, Senior Associate
Dealing with an unfair dismissal claim requires an understanding of employment law. Get legal advice from an employment lawyer soon as possible.
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 Nikita Barsby, Special Counsel
In November 2015, Mark Cox and Nikita Barsby presented this topic to lawyers and human resources professionals at Legalwise’s seminar: “Workplace Law – A Brave New World for Employers.”
