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

Current Posts

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

 

Calls for unfair dismissal overhaul to stop small businesses paying workers “go-away money” - Smart Company

As appetite for simplifying Australia’s workplace law grows following the election at the weekend, small business ombudsman Kate Carnell is preparing to hand the relevant incoming minister a case for overhauling unfair dismissal protections for small businesses. Speaking to SmartCompany on Monday, Carnell said provisions to protect small employers from unfair dismissal in the Fair Work Act aren’t working very well

View More

Working for Free - HRM Magazine

May Edition – HRM Magazine

Reference: ‘Working for Free’ by Andrew Jewell, May Edition, HRM Magazine

Code of conduct vs the Fair Work Act – is firing Folau illegal? - HRM

Is terminating an employee based on expressions of religion legal? At this point, Israel Folau is probably more well known for the outrage caused by his Instagram summary of biblical doctrine than for his career in rugby. The long and ongoing drama of whether he will be fired for that social media post has become

View More

Easter putting an onus on employers - Lawyers Weekly

As Easter approaches, it’s important to give consideration to those who may not celebrate the religious event in the workplace, says a Victorian employment law firm. McDonald Murholme has highlighted that Australia’s workforce is increasingly diverse, and the lead-up to Easter is “rousing debate over workplace entitlements to religious and cultural leave”. A principal lawyer

View More

Employment law firm applauds budget’s SME focus - Lawyers Weekly

An employment law firm has responded to Treasurer Josh Frydenberg’s first budget, saying it is set to benefit both SMEs and employees in a multitude of ways. Among last night’s budget delivery was a promise to cut SME taxes to 25 per cent and increase their access to finance with a new $2 billion fund. The instant asset write-off

View More

What HR needs to know about the 2019 budget - HRM

The Coalition budget offers millions to the Fair Work Ombudsman, makes a big splash in the VET sector, and provides a boost for small businesses. Pre-election budgets are always tricky – no one is sure if they will be enacted or not. That being said, the budget presented on Tuesday by Treasurer Josh Frydenberg offers

View More

Employment law firm calls out pollies pre-federal election - Lawyers Weekly

An employment law firm has called for greater clarification regarding a promise made by opposition leader Bill Shorten to implement a “living wage” through legislated changes to the Fair Work Commission. McDonald Murholme said that Mr Shorten’s plans to implement a “living wage” through the Fair Work Commission (FWC) needed greater clarity, with debate surrounding the future

View More

Unpaid internships: Career opportunity or exploitation? - Smart Company

By Trent Hancock  The recent scores of reports relating to unpaid internships are indicative of the pressures on young people entering the workplace to gain industry experience. There was a survey commissioned by the Federal Department of Employment that revealed more than half of Australia’s young adults have completed unpaid work as part of an internship or job

View More

Politics at work - Lawyers Weekly

By Trent Hancock The celebration of Australia Day has become an increasingly contentious issue among Australians, writes McDonald Murholme’s Trent Hancock. Each year the debate around whether our national day should be held on 26 January seems to intensify. What happens though when this debate finds its way into the workplace? While employers might be

View More

How working from home has become the new sick day - The New Daily

A niggling tickle in your throat has developed into something more sinister: you’ve caught that cold, flu or undiagnosed viral thing that has been making its way around your open-plan office. You’ve got to call in sick. Or do you? There’s so much to do and there is nothing stopping you from responding to all

View More

How law firms can manage office romances: Part One - Lawyers Weekly

Like in many professional services industries, office romances are “quite common” in law. Lawyers Weekly spoke with a principal lawyer about some of the issues surrounding office romances, and how law firms can navigate such sensitive territory. Romance within law firms can be commonplace, McDonald Murholme principal Andrew Jewell surmised, because lawyers spend a lot

View More

Lessons for employers from Westpac unfair dismissal case - HRM

The recent Westpac v Deng decision acts as a warning to the big banks: follow the rules or risk being called out. In a hearing late last year, the Fair Work Commission ruled that Westpac banking employee Kefeng Deng should be reinstated to his original position after he was not afforded procedural fairness into allegations against him.

View More

McDonald’s manager gets involved in IR, Big Mac-stake - HRM

A manager at a McDonald’s franchise tried to ‘negotiate’ with disgruntled workers on Facebook, and his post went viral. Here’s a breakdown from an HR perspective. A snapshot of a post from a McDonald’s franchise manager, in which he threatens workers with restricted water and toilet breaks, has gone viral. The post is a case study in

View More

'Awkward': what job referees fear and what they really want - The Age

Shane Bywater guesses he’s been a referee on over 150 resumes. Most of the time, he considers the task a privilege and an opportunity to help someone out. But every now and again, that privilege becomes “awkward”. “I’ve had people I’ve sacked, or have had to make redundant, ask me to be their reference,” says

View More

Qantas under fire for volunteer-to-work scheme — but is it even legal?

It has been a tumultuous weekend for Qantas ahead of the busiest period of the year for airports after the airline came under fire for a program which allows head office workers to volunteer assistance to frontline staff over Christmas. The airline described the program as about “spreading a bit of Christmas cheer”, but the

View More

Changes to flexible work laws: what HR needs to know - HRM

As of 1 December 2018, the rules around flexible work requests have changed. Experts break down who this hurts and helps, how to reject a request, and why you shouldn’t. A new ruling by the Fair Work Commission means that, as of 1 December 2018, employers need to make a genuine attempt to reach flexible work agreements with their

View More

McDonald Murholme and White Ribbon Day

According to the Australian Bureau of Statistics, one in three women have experienced physical and/or sexual violence, perpetrated by someone known to them. White Ribbon Day acts as a fundraiser to assist those effected, while also spreading awareness about its prevalence, in an effort to prompt action. According to this recent IPSOS survey, domestic violence

View More

Foodora decision has huge implications for the gig economy

The Fair Work Commission has ruled that a gig economy worker is an employee and not a contractor. HRM talks to an expert and looks at the potential fallout. The Fair Work Commission (FWC) has found that a Foodora rider was an employee and not, as the company claimed, a contractor. The worker, Joshua Klooger, made an application for

View More

Workers stripped of sick pay, super, leave in ‘sham’ contracts - 9 News

Hundreds of thousands of workers are being forced to work under conditions that strip them of everything from sick pay to super – but now, they’re fighting back. Liam Kelly, who has worked in the construction industry for more than 30 years, told A Current Affair things had gone downhill a few years ago when he

View More

What does Victoria’s new long service leave law mean for HR?

As of 1st of November, Victorian employee entitlements have changed. Legal experts explain what HR needs to know. The Long Service Leave Act 2018 (Vic) came into effect Thursday 1st November and will introduce significant changes to long service leave (LSL) arrangements in Victoria. The new legislation will impact the entitlements of all Victorian employees who were previously covered by the Long

View More

Talk to a Lawyer