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.


Redeployed and redundant?

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

View More

When is a Volunteer not a Volunteer?

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

View More

Could Senior Employees Enjoy Fewer Freedoms Than Their Juniors?

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

View More

Why Do Some Casual Employees Win Overtime Rates?

On 17 April 2014, the Federal Court of Australia Sydney Night Patrol and Inquiry Company Limited t/as SNP Security v Pulleine [2014] 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

View More

Struggling To Take Your Sick Leave?

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

View More

One day late , is too late

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

View More

No principles, SCABS, no guts!

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

View More

One Man's Meat Is Another Man's Poison

Have you ever thought twice before you posted something on Facebook, out of fear that your account might not be as private as you would like to believe? Well maybe you should. Social media has not just invaded our own lives; it has opened the door for employers to regulate our behaviour in our personal

View More

Have I Been Unfairly Dismissed?

When employees have been dismissed they often think first about “unfair dismissal” – often due to media saturation about this avenue or the preference of unions. In reality, unfair dismissal claims are strictly limited. Do any of these apply? • Have you been employed for less than 6 months? You cannot make a claim, save

View More

Called into a Disciplinary Meeting?

Being called into an impromptu disciplinary meeting is not an uncommon occurrence in Australian workplaces. It is important that you understand your rights prior to attending such a meeting so as to protect your interests long term. In the circumstance that you are not able to avoid the meeting, it is important that you are

View More

Taking Claims Straight To The FWC Isn't Always Advised

McDonald Murholme believes that sometimes it can be a mistake to make a claim directly to the Fair Work Commission (FWC) without representation. In a recent article posted on Workplace Express, Commissioner Anna Cribb reaffirmed this when she announced that the FWC had received only 66 applications for anti-bullying orders since January 1. Cribb stated

View More

Redundancy On Your Mind?

If you are facing redundancy due to a restructure or downsizing at your workplace, your employer owes you certain obligations. Generally, an employer must: • Consult with you about workplace change – some workplaces require additional consultation with a union; • Consider options for redeployment – this includes within related entities; • Give you notice

View More

E-newsletter 'In the Know' - archive

Mc Donald Murholme - Employment Lawyers

August 2018  / September 2018 edition  –


April 2018 / May 2018 edition –


February 2018 / March 2018 edition –


December 2017 / January 2018 edition –


October 2017  November 2017 edition –


August 2017 / September 2017 edition –





Talk to a Lawyer