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
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 $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
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
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
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
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
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.
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
A top executive at Lego Australia is suing the toy company for more than $400,000 because it allegedly fired him when he returned from an overseas transfer to care for his family. Lego Australia director of operations Robert Csano, who had been seconded to Japan since 2016, accused the family-owned company of discriminating against him
An Australian law firm has opened up on the firing of ABC managing director Michelle Guthrie, saying the dismissal should have lasting consequences for employment law cases going forward. McDonald Murholme has responded to news of Ms Guthrie being terminated from her top job at the ABC earlier this week. The highly publicised dismissal has
The firing of the ABC’s managing director Michelle Guthrie, and the subsequent fallout, has been the story of the week. But beyond the headlines are lessons for HR. The termination of the ABC’s managing director Michelle Guthrie this Monday has grown from what the organisation no doubt hoped would be a relatively quiet decision into
Workers are losing extra pay on weekends and public holidays because of deals between unions and businesses not because of cuts to penalty rates, the Turnbull government says. Government MPs aren’t backing a private member’s bill by Labor leader Bill Shorten to restore penalty rates for 700,000 workers, with Liberal Craig Kelly saying the bargaining
The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry has shed light on corporate misconduct at the highest management level. Alan McDonald asks if management will now judge itself by the standards it has demanded, of zero tolerance, from lower level employee’s workplace mistakes? Until now, management has successfully advocated to The Fair
Legal experts have warned businesses to take care when offering staff free incentives like coffee or lunch, especially if these are connected to staff salaries, after a Melbourne cafe was hit with serious underpayment claims from staff this week. Staff at Barry cafe in the Melbourne suburb of Northcote have claimed they had shifts cancelled
