Read up on the latest news from McDonald Murholme, including case updates and legal commentary.
McDonald Murholme’s Senior Associate Andrew Jewell provided commentary to Smart Company’s review of the Human Rights Commission’s national prevalence survey into workplace age discrimination. A worrying sign of the times, small and medium enterprises need to make decisions about recruitment and managing staff irrespective of age and ensure older workers are not pigeonholed. See below article
McDonald Murholme’s Senior Associate Andrew Jewell provided commentary on the Germanwings plane crash tragedy and the impact of mental health in the workplace. Under provisions in workplace health and safety laws, employers have an obligation to provide employees with a safe working environment. See below article for further details. Germanwings crash underscores value of health
News.com.au quoted McDonald Murholme’s Senior Associate Andrew Jewell on the probability of dismissal after a New Zealand couple were caught having sex in full view of smartphones. Unless it was a case of breaching company policy, it is difficult to label the conduct as misconduct. See below the article published on news.com.au for further details: Would
McDonald Murholme’s Senior Associate Andrew Jewell represented union worker, Muhammad Ali Sayed against the Construction, Forestry, Mining and Energy Union (CFMEU). Federal Court’s Justice Mortimer confirmed Mr Sayed was wrongfully dismissed due to his political views. The case established a new definition of what constitutes ‘political opinion’ in the Federal Court. See below article published
Many Australian resource companies are concerned about the financial pain of a 50% decline of oil prices to levels more common 5-10 years ago. Rural communities have been suffering over a decade with beef prices which have remained static or below for 2002 price levels. Surely these must be prioritised ahead of the resources company
The Australian Financial Review (07/01/15) reported a possible ease of entry for skilled foreign workers. This must be a concern for Australian employees who are already facing the consequences of high level unemployment. There are many reasons why skilled workers come to Australia including that we have among the best employment laws in the world.
The Age reported on a secret $28 million slush fund operated by high ranking Victorian education officials from a 2011 audit. This audit may alert to more than one dysfunction in the Education Department. Teachers for many years have been complaining about poor governance and heavy handed actions by schools against them as individuals. McDonald
The call by the Chief Justice of Australia for us to become a dispute resolution centre for Asia Pacific is a good call. It shows that at the highest level, the benefit of an alternative dispute resolution is now well entrenched. The early initiative for this came from Mr Justice Croft in establishing International Arbitration
The previous website suffered some unauthorised data over October and November. The current website is now the brand new official authorised website.
Visitors to the McDonald Murholme website are set to enjoy an enhanced experience thanks to a recent revamp of the site. Developed by employment lawyers, the main aim of the site is to make it a one-stop-shop for visitors to source information regarding employment law issues such as unfair dismissal, adverse action and workplace bullying,
A Department of Human Services employee sacked for blowing the whistle on talkback radio about razor wire being installed at Parkville Youth Detention Centre has won his unfair dismissal battle. JR phoned 3AW’s popular Rumour File segment last August and said: ”They’re gonna put up razor wire to keep the inmates in. They’ve been escaping a
The Issue The employee, a rental manager, sought a remedy for Unfair Dismissal against City Motor Transport Group, a small business motor vehicle rental company. The employer contested the application on the basis that he had not been dismissed at the initiative of the employer, and asserted that the employee had resigned. What happened? On
A support person is a person that an employee brings to a discussion relating to dismissal for practical or emotional support. Many myths abound about the obligations of employers relating to support persons, and our clients often report confusion about their rights in this area. We will here explain the law with regards to support
What happened? WG was a Senior Manager of Property Finance at Bendigo and Adelaide Bank, managing a portfolio of commercial property loans. In addition, he also had budgeting and personnel management responsibilities for the business unit. In 2009, as part of a company restructure, his business unit was absorbed into another. His new role was that
A volunteer is a person who freely offers to take part in an enterprise or undertake a task. Many of our clients consider themselves, or are considered by others, to be volunteers. Whether or not a person is a volunteer has drastic implications for their ability to bring an action for unfair dismissal in the
Many people think the relationship between employer and employee is defined only by their employment contract and legislation such as the Fair Work Act. In some cases, very senior employees owe duties to their employers over and above those outlined in the contract. In Bayley & Associates v DBR Australia, the Federal Court found that
On 17 April 2014, the Federal Court of Australia Sydney Night Patrol and Inquiry Company Limited t/as SNP Security v Pulleine  FCA 385 shed light on this issue. What happened? Mr N is a security officer who works on a fortnightly roster. In December 2011, Mr N filed an application in the Chief Industrial Magistrate’s
When JB was diagnosed with bone marrow cancer in late 2010, he informed his employer of the diagnosis. Shortly afterwards, they began pressuring him to resign to prevent him taking his sick leave and eventually dismissed him, withholding his accrued annual leave. This forced JB to rely on Centrelink whilst he underwent chemotherapy. The Federal Court upheld
Under s 394(2) of the Fair Work Act 2009 (Cth), an unfair dismissal application must be made within 21 days after the dismissal took effect. This means that such an application must be lodged with the Fair Work Commission three weeks from your date of dismissal. Although the Fair Work Commission may grant extensions of
Should someone fear termination for standing up for not just their rights but the rights of their colleagues? Mr Doevendans’ employment was terminated after he was seen protesting at the entrance to the mine site with a sign that read “No principles, SCABS, no guts!” Mr Doevendans was the Vice President of the Lodge, a