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
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
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),
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
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
FWO said Uber drivers were not employees, could the outcome of this court case change things? A former Deliveroo rider is taking the food delivery service company to court with allegations that he was underpaid. The outcome of this case will prove interesting considering the Fair Work Ombudsman’s earlier decision that Uber drivers are not classified as ‘employees’.
An employment law firm has highlighted the difficulties in a new matter involving the gig economy – this time concerning a former Deliveroo driver who has taken the company to court. McDonald Murholme has weighed in on former Deliveroo driver Jeremy Rhind taking legal action against the food delivery service company over allegations he was
An argument of how the word ‘day’ should be interpreted means organisations across Australia have to rethink entitlements. If you’re in HR and you deal with shift workers, last week’s Federal Court ruling might have you re-configuring the payroll. The case was between two workers at Cadbury’s Chocolate Factory in Claremont, Tasmania, and Cadbury’s parent
With pregnant women and new parents continuing to be discriminated against at work, we wanted to share a reminder on our legal rights, thanks to employment lawyer Alexandra Targett, from McDonald Murholme Solicitors. Juggling work and parental responsibilities as a first time parent can be both challenging and rewarding, but it’s also a time when
One of the nation’s most respected swimming clubs is embroiled in a bitter legal stoush with a former coach, amid allegations of underpayment, bullying and inappropriate comments towards young athletes. Melbourne Vicentre Swimming Club has produced a string of Olympic champions, including Mack Horton, Giaan Rooney and Michael Klim, but is now accused of underpaying its
As the superannuation guarantee increase is debated among politicians and the wider public, McDonald Murholme has voiced concern for the youngest Australian earners. The Abbott government froze the superannuation guarantee at 9.5 per cent during the 2014 term, but under current legislation this will rise to 10 per cent in July 2021 before rising by
The federal government will move ahead with plans to criminalise serious worker exploitation within the “next month or so”, as argument rages on about how to deal with Australia’s wage theft crisis. Prime Minister Scott Morrison yesterday confirmed Industrial Relations Minister Christian Porter is drafting legislation which would criminalise worker exploitation, amid a push for
The $7.8 million underpayment scandal engulfing celebrity chef George Calombaris is symptomatic of the sheer complexity of Australia’s workplace laws, it has been claimed. But a workplace lawyer has called for even tougher financial penalties to stamp out wage underpayments. Ben Thompson, the co-founder and CEO of people management platform Employment Hero, applauded the Fair
A Melbourne-based employment lawyer says plans to safeguard religious freedom through the introduction of new laws have the potential to alienate minority groups should these laws come into effect. McDonald Murholme managing director Alan McDonald says Attorney-General Christian Porter’s plans to introduce a religious freedom act will create challenges within Australian businesses, noting that such
According to the Organisation for Economic Co-operation and Development, Australia now has the world’s highest minimum wage. While this appears to be a positive step for low income Australian workers the increase in other factors such as taxes and the cost of living means that they do not reap the benefits of a higher minimum
If you’re starting a new job, there’s a good chance your employer will put you on a probationary period to make sure you’re the right fit for the role. Probation can also be a great way for you to test out a new role while establishing yourself as a valuable employee—but it’s important that you know about
The drawing of an inference of a conflict between the views of a Rugby Australia sponsor and those of one of the sporting body’s employees means there could be penalties imposed on Qantas under the Fair Work Act, argues one senior employment lawyer. In conversation with Lawyers Weekly, McDonald Murholme managing director Alan McDonald (pictured) said
Rugby Australia sponsors could face fines if a court finds they influenced the decision to sack Israel Folau, employment lawyer Alan McDonald says. Speaking to Sky News host Andrew Bolt, Mr McDonald says the Fair Work Act does not want external parties entering contracts of employment and taking away someone’s job. Mr McDonald says the
An employment law firm managing director has sounded the alarm on what’s being described as a recent spate of wage theft, with small businesses, particularly those in regional areas, being found guilty of underpaying their employees. McDonald Murholme managing director Alan McDonald said recent audits in regional areas such as Albury-Wodonga, Ballarat and Wollongong have indicated a significant amount
If you’re considering a new job, you might be more interested in what the role itself involves than what kind of employee you’ll be hired as. But the benefits, entitlements and conditions of a job can differ depending on whether you’re a casual worker or a part-time or full-time employee. We’ve asked an expert employment
