Training & Compliance Archives - MDC Legal

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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Cutting Costs Can Cost You More: The Cautionary Tale of Roussety v Castricum Brothers

Posted by | Articles, HR Advice & Support, Training & Compliance | No Comments

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.

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