Changes to unfair dismissal and minimum wage

On 1 July 2016 three (3) significant changes to employment law came into effect:

  • the unfair dismissal high income threshold increased;
  • the maximum compensation for unfair dismissal claims increased; and
  • the minimum wage increased.

Employers need to be aware of these changes as they impact the rights of both current and future employees of a business.

[Read more…]

Terminating employees that threaten to approach the media

Disgruntled employees (or ex-employees) can cause employers unnecessary grief, particularly when an employee threatens to approach the media and ‘leak’ information in a bid to publicly tarnish the name of the employer. [Read more…]

Can an employer sack an employee for not following directions?

Fundamental to the success of any business is ensuring that employees comply with directions given to them by their employer.  However, it is not uncommon for employees to be unaware of the consequences to their employment, should they not follow their employer’s reasonable directions. [Read more…]

Terminating an employee for serious misconduct

We are often asked by employers whether or not they can summarily dismiss an employee for various reasons ranging from persistent poor performance to blatant disobedience.  Termination on this basis is also referred to as ‘termination without notice’. [Read more…]

Underpaying employees can come at a great cost

11 September 2015

In recent weeks there has been widespread media coverage about employers who are alleged to have been underpaying their employees.  In many cases it has been alleged that employees were being paid less than the award, the basic wages safety net.

Franchise operators Grill’d, United Petroleum and 7-Eleven have all come under the spotlight, including allegations that ‘head office’ was aware of the underpayments.

[Read more…]

Productivity Commission’s draft report on the Workplace Relations Framework

The Productivity Commission (Commission) has released its draft report (Report) on the workplace relations framework.

In December 2014 the federal government requested the Commission to undertake an inquiry into the workplace relations framework, with the Commission releasing an issues paper on 22 January 2015. [Read more…]

Defending general protections claims

Defending a general protection claim can be expensive and time consuming.  The following information is intended to aid employers in understanding how to deal with an employee who threatens to commence, or in fact does commence, a general protections claim. [Read more…]

Anton Piller orders – preventing evidence destruction

By Malcolm Burrows

What is an Anton Piller order?

An Anton Piller order, also known as a search order, is an order of a Court requiring one party (Respondent) to allow the other party (Applicant) to enter the Respondent’s premises to inspect, remove or make copies of documents or other items which might form evidence in an action or proposed action against the Respondent.

Anton Piller orders take their name from the seminal case of Anton Piller KG v Manufacturing Processes Ltd.[1]  They are primarily sought in intellectual property related cases, but also commonly used in employment and other matters involving an equitable or contractual breach of confidence or breach of contract.  They may also be used in family law proceedings. [Read more…]

Why employers need a drug and alcohol policy

In Australia, alcohol use is a daily part of many people’s lives.  Although the use of illicit (illegal) drugs is not as common, the effects of both drug and alcohol use during and outside of work hours can have a significant negative impact on workplace health, safety and productivity.

Workers who are impaired by drugs or alcohol present a substantial safety risk to themselves and others as it may affect their ability to exercise judgment, coordination, motor control, concentration and alertness may be impaired, leading to increased risk of injury or accidents to themselves or others and damage to plant or equipment.
[Read more…]

Can contractors be liable for injured workers?

27 April 2015

In Australia, workers’ compensation laws and entitlements vary between states and depending on the state where an injury occurred, the worker may be able to sue for additional compensation under common law if their injury is the fault of the employer or any other person. [Read more…]

Dundas Lawyers
Street Address Suite 12, Level 9, 320 Adelaide Street Brisbane QLD 4001

Tel: 07 3221 0013

Send this to friend