Part 1: Underperformance At one time or another, most medical practice owners or managers will be required to end the employment of a member of their staff. This could be for a variety of reasons such as an employee no longer being able to perform the inherent requirements of their role due to illness, or [...]

  If there was ever a culture of underpayment in certain industries, it has (and is) changing. The federal government has taken a stronger stance on underpayments. It has introduced a record penalty regime for serious contraventions of minimum employment entitlements. The maximum penalty for underpaying staff is now $630,000 for corporations. The Fair Work [...]

Workplace sexual harassment is a topic which has begun to get its due attention. This article discusses the circumstances where an employer can be liable for the sexual harassment perpetrated by its employees. It also outlines steps employers can consider taking to reduce their risk of being held liable for the sexual harassment their employees [...]

Medical practices can engage practitioners under a variety of contracting arrangements.  In our experience, many practices are not clear regarding the type of contracting arrangement under which their practitioners are engaged. This can lead to confusion around how the customs and procedures of the business are or should be managed. In some instances, medical practices [...]

Introduction The topic of what questions can and can’t be ‘legally’ asked in a job interview is a topic commonly discussed in the media. We felt this was an interesting area to explore in more detail. This article discusses the federal and Victorian anti-discrimination legislation which cause the most legal risk when asking certain job [...]

  We have taken a look at the major changes to workplace law that occurred last year and the challenges these changes create for employers. Below we share our top 5 tips to help you manage these challenges in 2018.     1. Make sure your pay slips are in order The “Vulnerable Workers” amendments [...]

Two weeks ago the Full Bench of the Fair Work Commission (‘Full Bench’) handed down Khayam v Navitas English Pty Ltd [2017] FWCFB 5162. The decision considered the circumstances in which employees employed under ‘maximum-term’ (also known as outer-limit) contracts could bring an unfair dismissal claim. What is a maximum-term contract? Maximum-term contracts are employment contracts where [...]

It is now easier for the Fair Work Ombudsman or employees to successfully sue franchisors and holding companies for contraventions by their franchisees and subsidiaries of fundamental employment rights under the Fair Work Act. However, there is a defence. If franchisors or  holding companies can convince a court they took reasonable steps to prevent the [...]

The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (“the Amendment Act”) commenced on 15 September 2017. The Amendment Act is aimed at punishing and discouraging the type of conduct which was the subject of several widely publicized underpayments scandals. The explanatory memorandum to the Amendment Act notes: “The Inquiry into 7-Eleven report, for example, [...]

Dismissing an employee because they are incapable of performing their job due to illness or injury is tough for all involved. From a legal perspective, there are many pitfalls, which if not carefully managed will expose an employer to liability. This includes successful claims of unfair dismissal, general protections or discrimination. This article outlines some [...]