Mdclegal.com.au
Performance and Conduct Issues for Employees Raising Mental …
WebBy Nikita Barsby, Special Counsel . Mental Health and Performance Management. Around 45% of Australians aged between 16 and 85 will experience a mental illness in their lifetime, and 1 in 5 Australian adults will experience a mental illness in any given year. Therefore, it is very likely that from time to time an employer will need to …
Actived: 1 days ago
URL: https://mdclegal.com.au/mental-health-performance-management/
Can employees be dismissed for making vexatious complaints
WebTaking disciplinary action against employees who make vexatious complaints is not without risk; however, with careful management and a strategic approach focused on assessment of the employee’s ability to work within the company/organisation or with key employees, rather than on the employee’s complaints, the risk can be mitigated.
4 Legitimate Reasons to Terminate an Employee
WebGenuine Redundancy. Redundancy is a valid reason for termination. You need to prove that the employee’s position is no longer required to be performed by anyone because of changes in the operational requirements of your business. Protect your business from an unfair dismissal claim by making sure you follow any consultation requirements
Terminating an Employee with Mental Health Issues
WebThe Federal Court ruling in Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913 highlights the complexities in terminating the employment of unwell employees, including employees with mental health issues. An employer has been required to pay an employee $140,000 in compensation and $20,000 …
Probationary Problems: Dismissing an Employee on Their …
WebUnder the Federal system, the Fair Work Act 2009 (Cth) provides that an employee must be employed for a minimum of six months, or 12 months if the employer is a small business with fewer than 15 employees to make an unfair dismissal claim. An employee who is on a probation period is not likely to have worked the minimum period …
Disciplining Employee Out of Hours Behaviour: A Blurred Line
WebBy MDC Legal Not so long ago, there was a clear line between work and play – between conduct at work and employees’ private lives, with the latter being none of the employer’s business. Now, due to advances in technology (particularly information technology), the expansive reach of social media, and because employees are …
Consultant’s Pursuit of Higher Paid Position Backfires: 12-Month
WebOn the enforceability of the restraint clause, Justice Lindsay noted that it appeared to be at the “ outer limits” of what would be a reasonable duration, but that consultancy agreements in the industry commonly included restraints expressed to operate for 6 to 12 months. In the context, the restraint was found to be enforceable and valid.
Save your health and your business with a smoking in the …
WebThe Occupational Safety and Health Regulations 1996 (WA) prohibits smoking in an enclosed workplace, such as the warehouse in Hanson v Rhino Rack Perth. Take a look at our FAQs and if you are still unsure if your current smoking in the workplace policy is sufficient contact MDC Legal. Our expert team will provide you with …
Breach Of Confidentiality: What You Need To Know
WebExamples of breaches of confidentiality include: copying data from a work computer or server onto a hard drive or USB before the end the employment. disclosing information from a former employer to a new employer. sending emails from a work email account to a personal email address. Employers should ensure they take proactive steps …
General Protections: Dismissing an Employee With a Disability
WebBy Renae Harg, Senior Associate and Miette Xamon, Law Clerk. Employer Found to Dismiss Employee Due to Disability. In April 2019, we published an article on the Federal Court decision of Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913. The Federal Court found the employee was dismissed due to his …
4 Examples of Workplace Discrimination
WebTrade union activity. Examples of discrimination occurring in the workplace can include: Job refusal. Being dismissed or having shifts cut down. Denial of training opportunities, transfers and promotions. Not being paid the same as someone doing the same job with the same experience and qualifications. Exclusion or isolation by co-workers.
Maximum term employees may be entitled to make unfair …
WebBy Mark Cox, Director and Lauren Wright, Lawyer. A maximum term contract is a contract which automatically ends at the expiry of a specified period while giving either party the right to terminate prior to the specified expiry by giving notice. This can be contrasted with a fixed term contract, which is also for a specified period but which does …
Restraint of Trade and Non-Compete Restraint Clauses
WebA restraint of trade clause or agreement is a term in an employment contract which restricts a party’s ability to trade with other parties in the future. The clauses are unenforceable if contrary to the public policy that “a person should be free to use their skill and experience to their best advantage” [1] and should be free to earn a
Directing an employee to attend an independent medical …
WebBy Mark Cox, Director, Gemma Little, Associate and Lauren Wright, Lawyer The winter months often bring an increase in employees’ use of personal leave, primarily due to illness. An employee’s brief and temporary absence, whether due to illness or even injury, supported by adequate medical evidence, can usually be managed by the …
Employer obligations arising from the Respect@Work legislation
WebThe Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (‘ Respect at Work Act’) commenced on 11 September 2021. The Act amends the following legislation: Sex Discrimination Act 1984 (Cth) (SD Act). What this means for employers. A summary of the changes arising from the Respect@Work legislation is …
Record Keeping Requirements for Employers: What You Need to …
WebThese records need to be comprehensive and some of the information which needs to be retained includes: the nature of the employment (casual, permanent, temporary, full-time, part-time etc.) date the employment began. ordinary and overtime hours worked. the rate of pay. gross and net amounts paid.
Outcomes in General Protections Claim Cases. Adverse Action …
WebMonetary Settlements in Adverse Action Cases. Of the cases settled, there appears to be a mix of outcomes, including monetary and non-monetary outcomes. Over 70% of cases resolved involved some monetary settlement ( Figure 2: Outcomes of Disputes Settled 2015-16 ). Figure 2 Outcomes of Disputes Settled 2015-16.
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