ArticleChristmas gifts in the workplaceFestive gifts can boost morale and show appreciation to valued staff, but if mismanaged, can create issues for employers.AustraliaEmployment and HRMDC Legal
ArticleEmployees unfair dismissal claim dismissedCommission concluded that employer acted in good faith & dismissal of an employee who suffered PTSD & depression was not unfair.AustraliaEmployment and HRMDC Legal
ArticleIndependent contractor shams can be expensive: Fundraising company and its director together fined $124,000This decision highlights dangers of misrepresenting to employees that they will be engaged as independent contractors. AustraliaEmployment and HRMDC Legal
ArticleLying and theft justifies termination of flight attendantQantas succeeded on appeal against unfair dismissal when a flight attendant stole alcohol and lied in the investigation.AustraliaEmployment and HRMDC Legal
ArticleOvertime vs reasonable additional hours in AustraliaAn employee may be entitled to be paid overtime but may not be entitled to be paid for "reasonable additional hours".AustraliaEmployment and HRMDC Legal
ArticleFair Work breaches prompt changes for holding companies.Discussion around franchisors & holding companies & their liability for breaches of the FW Act by franchisees or subsidiaries.AustraliaCorporate/Commercial LawMDC Legal
ArticleThe right to disconnect – how will it impact small businesses?Changes affect small businesses regarding an employee's right to disconnect.AustraliaEmployment and HRMDC Legal
ArticleRestructuring your workplace? Why youll need an employment lawyerRedundancies resulting from a process of workplace restructuring could present a significant legal risk to employers.AustraliaEmployment and HRMDC Legal
ArticleTerminating an employee with mental health issues – Federal Court rulingThis Federal Court ruling highlights complexities in terminating the employment of a employee with mental health issues.AustraliaEmployment and HRMDC Legal
ArticleEmployer hotel fined for caretaker sexually assaulting young employeeEmployers must take reasonable steps to prevent employees engaging in or being exposed to sexual harassment or assault.AustraliaEmployment and HRMDC Legal
ArticleAccessorial liability – your responsibilities under Fair Work ActPursuant to accessorial liability provisions, anyone involved in a contravention can be held accountable.AustraliaEmployment and HRMDC Legal
ArticleProtecting your business interests - Restraint of trade clauses in employment contractsRestraint of trade clauses should specifically outline what needs to be protected for the sustainability of a business.AustraliaEmployment and HRMDC Legal
ArticleWhen to deal with employee misconduct during the festive seasonThere are 5 steps to consider when investigating alleged employee misconduct, to mitigate the risk of legal claims.AustraliaEmployment and HRMDC Legal
ArticleBreach of confidentiality: what you need to knowBesides contractual obligations, employees have equitable and statutory duties in relation to confidential information.AustraliaEmployment and HRMDC Legal
ArticleInsights into general protection claims in the Fair Work CommissionThe FWC has, for the first time, published data on the outcomes of general protection applications involving dismissal.AustraliaEmployment and HRMDC Legal
ArticleRespecting religious conviction and avoiding workplace discriminationEmployers should be mindful of workplace conduct that may be direct or indirect discrimination of an employee's religion.AustraliaEmployment and HRMDC Legal
ArticleAre you being underpaid? Are you underpaying your staff?Both employers and employees are wise to check that hourly rates are correct - read this article!AustraliaEmployment and HRMDC Legal
ArticleEmploying "permanent" casuals: what are the benefits and risks for your business?Casual employees who work regular and systematic hours may be entitled under a Modern Award to be full-time employees.AustraliaEmployment and HRMDC Legal
ArticleThe Christmas rush: additional hours, overtime and penalty ratesBefore the Christmas period, employers should consider whether it is reasonable to ask employees to work the extra time.AustraliaEmployment and HRMDC Legal
ArticleDirecting an employee to attend an independent medical assessmentDoes an employer have the right to direct an employee to attend an independent medical assessment? AustraliaEmployment and HRMDC Legal