Workplace Law

  • When Is A Contractor Considered An Employee?

    It is important to know the differences between an employee and a contractor as this will affect your responsibilities, tax and super. If you incorrectly treat your employees as contractors, you risk having to pay penalties and charges.

    For the full text of this article, please go the MSI Global Alliance page » MORE...

     

  • Uber Reaches its Final Destination: Victoria!

    An article for commercial drivers and consumers addressing the myriad of regulatory issues and legal challenges brought about by the ridesharing giant Uber. 

    The Victorian State government has announced plans for draft legislation providing taxi drivers, rideshare drivers and consumers with clarity to reform the multitude of issues that has riddled the industry.

  • Safeguarding Commercially Sensitive and Confidential Information for Businesses

    If your business values its stored information for commercial advantage, it is likely that a competitor will also value it. Maybe even more. This article discusses legal and practical measures that businesses can take to protect their commercially sensitive and/or confidential information from theft or misuse by outgoing employees.

  • Officer liability under Occupational Health and Safety Legislation

    Each Australian State and Territory has occupational health and safety ('OHS') legislation which imposes certain obligations on companies. In any workplace OHS is a significant issue because when an accident or injury occurs there can be serious reputational and commercial repercussions for a company.

    Under section 21 of the Occupational Health and Safety Act (2004) (Vic) a company must ensure, so far as it is reasonably practicable, the health and safety of its workers while they are at work.

  • Hand It Over

     

    It is common for businesses to provide employees with company-owned devices such as smart phones, laptops and USB sticks. Is your business adequately prepared to deal with the use of those devices including the retention of the information stored following the departure of an employee? If not, this blog may be of interest to you.

  • Case Review “Procedural Failures of Employer render the Dismissal of an Immigrant Employee as Unfair”

    Ms Maricar Virata v NSW Motel Management Services Pty Ltd T/A Comfort Inn Country Plaza Halls Gap [2015] FWC 7932

    The Applicant, Ms Virata, had been employed as a manager at the Employer’s hotel which is a small business located in Halls Gap in Victoria. The Applicant travelled from the Philippines to take up employment with her Employer under a s.457 Visa arrangement. The Applicant was dismissed 3 July 2014 for misconduct by via email.

  • Annual Leave to be paid upon termination of employment

    The Fair Work Act's s90(2) provision governs payment of untaken annual leave when a worker's employment ends.

    A full Federal Court has recently confirmed that annual leave owed to workers on termination of employment must be paid out at the same rate they would have received had they taken it while still working.

  • Restraints of trade in Employment Agreements

    For Employers: Does your current employee agreement include a restraint of trade clause? Your business and FUTURE business could be at serious risk without one.


    This blog explores the enforceability of employment restraint of trade clauses post-employment in Victoria.

    Types of restraints may include;

  • Grand Final Eve Public Holiday Confirmed

     

    The Small Business Minister Philip Dalidakis has confirmed AFL grand final eve as a public holiday, meaning Friday October 2 will be a public holiday this year. 

    The decision followed a consultation period in which the Victorian Government accepted submissions regarding the impact of a new public holiday. 

    Businesses who choose to open on AFL grand final eve will be required to pay their staff applicable penalty rates. 

  • Employer blocked from compelling former employees to hand over documents

    What to be aware of if you suspect former employees have obligations regarding your business’ confidential information