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employment rights and obligations Archives - MDC Legal

When to Deal with Misconduct During the Festive Season

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

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.

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Long Christmas lunches and excessive online shopping: Tips for employers

Posted by | disciplinary action, disciplinary policies, HR Advice & Support, Performance Management & Misconduct Investigations | No Comments

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.

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Employer unfairly dismissed employee due to wrong view on student visa

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

By Mark Cox, Director and Madeleine Brown, Associate 

An employee who was suspended indefinitely without pay after her employer decided that she had breached the conditions of her visa was unfairly dismissed, according to the Fair Work Commission in Devi v Doutta Galla Aged Services Limited [2018] FWC 4142.

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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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