McDonald Murholme is the leading employment law firm for employees located across Australia

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Read up on the latest news from McDonald Murholme, including case updates and legal commentary.

 

Overtime audits may be missing deeper underlying issues - Lawyers Weekly

Whilst it is crucial that law firms monitor the volume of hours worked by younger professionals, such audits might fail to identify broader workplace problems, argues one lawyer. Late last year, new industrial regulations were handed down requiring law firms to log the quantum of hours worked by graduate lawyers and paralegals to ensure that junior staff

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Transport firm faces court as Fair Work sounds sham contracting warning - SmartCompany

The Fair Work Ombudsman (FWO) has marked the New Year with a sham contracting warning for small businesses, unveiling fresh court proceedings against a Queensland-based transport company. Boske Road Transport will face the Federal Circuit Court over allegations it misclassified four delivery drivers as independent contractors, leading to underpayments totalling $63,803 between 2016 and 2018.

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Harris Scarfe saga cherry on top of ‘horror year for Australian workers’ - Lawyers Weekly

News that retailer Harris Scarfe has entered receivership caps off a “nightmare year” for private sector employees, with companies plagued by underpayments scandals and job losses, says one employment lawyer. McDonald Murholme managing director Alan McDonald said there is concern for Harris Scarfe’s 1,800 employees who are being left anxious in the lead up to

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Fired Toyota manager denied $379,268 redundancy package seeking $301,000 in damages - news.com.au

A NSW father is seeking a $301,000 payout from car giant Toyota after he was fired and denied a massive redundancy package after giving his son a slice of his own pizza. Greg Sherry worked as a Toyota manager for decades before losing his job last March – the day before he was due to

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‘No clear lessons’ for corporate employers from Folau settlement - Lawyers Weekly

Wednesday’s settlement between Rugby Australia and former star player Israel Folau – the details for which remain undisclosed – leaves a lot of unanswered questions from an employment law perspective, argues one professional. In a joint statement on Wednesday, Rugby Australia and Mr Folau said they had settled their legal dispute pertaining to the posting

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Staffing over the holiday season: What’s legal and what’s not? - Seek

From closure and staff leave to public holiday pay, here’s what you need to know as an employer. The holiday season is a time for many of us to unwind, but if you’re a small business owner, the festive season can bring a level of stress. Many businesses in Australia go into hibernation over Christmas

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The art of the employee farewell - In he Black

Employers who have invested significant resources in an employee can feel let down when that person resigns, but it’s important to maintain composure and plan your next steps. Don’t take it personally. A resignation may throw your plans into disarray and leave you wondering why you invested so much time in someone who didn’t value

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What are my rights when it comes to redundancy? - Seek

Being made redundant can be overwhelming if you don’t know where you stand legally. We asked a lawyer to explain the rights and entitlements employees have when it comes to redundancy, and to clear up some of the key questions around this situation. What are reasons for redundancy? There are a few reasons your position

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Why the whistleblower protections in Australia don’t work - HRM

“The fact that there has never been a successful whistleblower case in Australia speaks volumes.” The whistleblower protections in Australia are seriously lacking. Despite Parliament passing new legislation to expand the whistleblower protections in the Corporations Act to provide greater protections, there is still very little recourse for employees who are punished for shedding light

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Underpaid workers remain out of pocket months after employers apologise - ABC

A growing list of companies have admitted to underpaying workers, turning themselves in to the Fair Work Ombudsman and issuing mea culpas in the media, but it can be months or years before employees see any of the cash they are owed. Last week, Woolworths joined the list, reporting it owed up to $300 million to

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Proposed Victorian law to jail employers for workplace deaths - HRM

Is the proposed Victorian laws to severely punish leaders for workplace deaths and suicides just what we need or discriminatory? The Victorian state government has proposed laws that could see employers in both the public and private sectors facing up to 20 years of jail time and $16.5 million in fines for certain workplace deaths. The purpose

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Qantas, Bunnings and Super Retail Group among companies caught in underpayment scandal - news.com.au

Every week, a new major Aussie company seems to be caught out underpaying workers. Earlier this week, Woolworths made international headlines after it emerged the supermarket giant had underpaid nearly 6000 employees over the past nine years, with repayments expecting to cost up to $300 million. Today, The Australian revealed several huge firms, including Super Retail Group, Qantas, ABC,

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Australia’s whistleblower protections are not working - Lawyers Weekly

For some time, whistleblower protection in Australia in the private sector has fallen far short of achieving protection for employees, with legislation not striking the right balance, argues one lawyer. When asked by Lawyers Weekly if Australia’s whistleblower protections for private sector employees are working, McDonald Murholme lawyer Talitha Maugueret said that the simple answer

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Lessons from engagement of Victorian magistrate to court clerk - Lawyers Weekly

The relationship between Victorian magistrate Rodney Higgins and his 23-year fiancée Ashleigh Petrie is a reminder to employers to enact policies to protect themselves and their employees in the case of interoffice romances, as well as ensuring that juniors are not unduly disadvantaged. In recent days, mainstream media reported that Mr Higgins had proposed to Ms

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How to quit a new job if something better comes up - Seek

So, you’ve landed a job, signed on the dotted line and you’re all set to start your new role. Then you get a call that the dream job you’d given up on is now on offer. You’re keen to take up this dream opportunity, but you don’t want to burn any bridges—or break any contract

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Employment firm slams ‘ill-informed’ comments on unfair dismissal claims - Lawyers Weekly

Comments made earlier this week from the Australian Chamber of Commerce and Industry’s director of workplace relations are “entirely misplaced” and seek to weaken a dismissed employee’s ability to hold an employer to account. McDonald Murholme principal lawyer Trent Hancock has taken ACCI director of workplace relations Scott Barklamb to task over his “ill-informed” comments

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Sunglass Hut to back pay part-time workers $2.3 million after turning itself in to the FWO - Smart Company

Sunglass Hut will back pay $2.3 million to its employees after admitting to underpaying individual workers by up to $42,912 in overtime wages. The failure to pay overtime came from Sunglass Hut’s failure to schedule regular shifts for its in-store part-time workers on paper, thus breaching the requirements of the General Retail Industry Award (GRIA),

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How the High Court’s decision on pieceworker rights will affect Aussie farmers - - Smart Company

Underpaid pieceworkers could be compensated according to minimum hourly award rates, following an appeal by the Fair Work Ombudsman (FWO) in a case against Queensland farm Marland Mushrooms. Currently, piece rates are paid by the amount employees can pick, pack, make or prune, similar to commission rate structures. Although the system is in place of

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Uber Eats’ fight against sacked driver has implications for the gig economy - Lawyers Weekly

An appeal to the Full Bench of the Fair Work Commission by a former Uber Eats delivery worker could have ramifications for employers who utilise workers in the gig economy, argues one lawyer. Amita Gupta, an Adelaide-based woman who recently unsuccessfully sued Uber Eats with the Fair Work Commission for unfair dismissal for allegedly showing up

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Stringent processes for employee dismissal are ‘absolutely essential’ - Lawyers Weekly

The recent awarding of $1.2 million to former James Cook University professor Peter Ridd shows that law firms must engage in “exhaustive consultation” with employees about the issues warranting dismissal. Speaking in the wake of Professor Ridd being awarded $1.2 million in damages from JCU following his successful unfair dismissal case, McDonald Murholme managing director

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