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Employment Law Archives - MDC Legal

MDC Legal Workplace Update – Spring 2019

Posted by | Articles, complaince, confidentiality, Contracts, disciplinary action, HR Advice & Support, polices and procedures, Policies and Procedures, sexual harassment | No Comments

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.

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What are your New Year’s Resolutions? New Year resolutions for employers in 2019

Posted by | casual staff, Contracts, HR Advice & Support, modern award, pay rates, polices and procedures, Policies and Procedures, training | No Comments

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.

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Maximum term employees may be entitled to make unfair dismissal claims and be paid redundancy

Posted by | Terminations, Unfair Dismissals & Adverse Action | No Comments

By Mark Cox, Director and Lauren Wright, Lawyer

A maximum term contract is a contract which automatically ends at the expiry of a specified period while giving either party the right to terminate prior to the specified expiry by giving notice. This can be contrasted with a fixed term contract, which is also for a specified period but which does not make provision for early termination.

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

Posted by | Articles, Contracts, HR Advice & Support | No Comments

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.

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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

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.

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MDC Legal Win for Employer Against Large Bonus Claims

Posted by | Articles, Contracts | No Comments

By Ruth Collins, Lawyer 

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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Disciplining Employee Out of Hours Behaviour: A Blurred Line

Posted by | Articles, HR Advice & Support, Performance Management & Misconduct Investigations, Training & Compliance | No Comments

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.

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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

By Nikita Barsby, Special Counsel 

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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