MKI Legal in East Perth, Western Australia | Lawyer & law firm

MKI Legal

Locality: East Perth, Western Australia

Phone: +61 8 9470 2777

Address: Level 4, 200 Adelaide Terrace 6004 East Perth, WA, Australia

Website: http://www.perthemploymentlawyers.com.au

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25.01.2022 Happy birthday to Andrea! We got her something special from a little boutique.

24.01.2022 It is unlawful to discriminate against an employee in the workplace based on race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin (protected attributes). https://www.perthemploymentlawyers.com.au/what-is-unlawful/

24.01.2022 Choosing to engage a law firm to assist you with your employment matter can be a daunting task. There are a number of factors to consider whether you are seeking assistance to prepare or review employment contracts, to manage employee performance, to assess your options following a dismissal, or if you feel you have been discriminated against in the area of employment. https://www.perthemploymentlawyers.com.au/tips-to-choosing/

22.01.2022 One of the grounds on which employers cannot take adverse action against an employee or prospective employee is race. in Phillip v New South Wales adverse action on the basis of race was not found. In this case, the potential employee applied for a job to be trained as a police officer. After two telephone interviews the applicant was assessed as having poor English communication skills. Interviewers also made a file note indicating that he had an accent, was difficult to und...erstand, and had become agitated in the second interview. His application for admission was rejected on the grounds that he failed to meet the minimum English communication standards, and his bad attitude. The applicant argued that he was denied employment in the training course because of his ethnic origin, because his accent was related to his ethnic origin. The court held that the decision not to employ the applicant was not because of his race or ethnic origin. Instead, it was because of his failure to demonstrate adequate English communication skills, and the aggressive attitude he displayed during his phone interviews. No discrimination was found and the application was dismissed. The case shows that for a person to make a general protections claim based on racial discrimination, there must be a significant connection between the persons race or ethnic origin and the adverse action claimed. The adverse action must be taken because of the employee, or prospective employees, race or ethnicity.

22.01.2022 Jaco gave us some feedback regarding assistance provided in his Unfair Dismissal matter.

22.01.2022 PRE-SCHOOL TEACHERS RESIGNATION UPHELD AS CONSTRUCTIVE DISMISSAL & WINS HER OLD JOB BACK AFTER GOING FOR UNFAIR DISMISSAL #unfairdismissal #employmentlaw https://www.perthemploymentlawyers.com.au/pre-school-teach/

22.01.2022 An employee who fails to perform their role or duty satisfactorily should normally be placed on some sort of performance management. Under performance management, the employee is supervised more closely to ensure that the performance of their role meets the employer’s standards. https://www.perthemploymentlawyers.com.au/what-are-the-leg/

20.01.2022 Jeff Hewitt, head of our family law division speaking at BNI today.

20.01.2022 WHAT QUALIFIES AS A CONSTRUCTIVE DISMISSAL CLAIM? #unfairdismissal #employmentlaw https://www.perthemploymentlawyers.com.au/what-qualifies-a/

19.01.2022 How To Find A Good Divorce Lawyer #familylaw #separation #divorce https://www.familylawassist.com.au/how-to-find-a-good-divo/

19.01.2022 We helped Marlene with an unfair dismissal claim. If youve lost your job, you may have the right to bring a claim. Take our unfair dismissal quiz to see if you may have a claim: http://rcl.ink/5b4... You generally need to lodge a claim within 21 days from your last day at work - so you need to act fast. Call us on (08) 9470 2777 for a free discussion.

19.01.2022 The recent Coronavirus (COVID-19) outbreak has raised the need to balance the health and safety concerns which an employer may have, and being mindful of not discriminating against employees. https://www.perthemploymentlawyers.com.au/discrimination-a/

18.01.2022 My Partner And I Are Splitting Up. What Are The Different Ways We Can Divide The Property We Own Together? #familylaw #separation #propertydivision https://www.familylawassist.com.au/my-partner-and-i-are-sp/

18.01.2022 Congratulations to our 2 newest lawyers, Marissa and Mel.

17.01.2022 How To Make Sure Your Superannuation Goes To The Right People Creating a Will with EstatesPlus+ couldnt be easier. #wills #superannuation #finance... https://www.estatesplus.com.au/how-to-make-sure-your-super/

17.01.2022 In Veronica Bennett v Colin Joss & Co Pty Ltd, an employers manner of handling the dismissal of an employee was highlighted by the FWC, warning against dismissing employees with the same indifference one would a dirty rag. Veronica Bennett had, for over half a decade, worked as a permanent part-time cleaner for Colin Joss, a cleaning and maintenance business that handled various contracts for cleaning services for the New South Wales government. In 2014, Ms Bennett had und...ergone surgery on her right ankle, requiring her to be on unpaid medical leave for two and a half months. Two years later, similar yet more complicated surgery was conducted on her left ankle, and she had to be out for longer periods of time in order to properly recover. In each instance, Ms Bennett had provided her employer with proper medical certificates. Four days prior to the appointment with her doctor, Ms Bennett received a phone call from the employers Injury Department Manager and Internal Legal Counsel, again inquiring as to her recovery and probability of resuming work, and during the same call, informing her that since she is unable to return to her duties, her employment had been terminated. Written notice of termination was sent the day after the phone call. Two days later, at the scheduled medical appointment, Ms Bennetts physician cleared her and declared her fit to return to work. Commissioner Cambridges words employees are human beings and not human resources, where he explains that people should not be disposed of like office machinery. Needless to say, Ms Bennett was successful in her claim and was granted reinstated of her employment.

17.01.2022 Read our important tips on terminating employees as a business. Here are 10 things you should never do when terminating an employee: perthemploymentlawyers.com.au/10-things-you-should-never-d/

17.01.2022 Everything You Need to Know About Choosing an Executor For Your Will Creating a Will with EstatesPlus+ couldnt be easier. #wills #executor... https://www.estatesplus.com.au/everything-you-need-to-know/

16.01.2022 Just started our Christmas party. Merry Christmas & Happy Holidays. Stay safe and see you all in 2021!

15.01.2022 8 Tips to Make Separating Easier for Your Children

14.01.2022 Family Law In Married Couples And De Facto Couples When Separating #familylaw #separation #defacto https://www.familylawassist.com.au/family-law-in-married-c/

14.01.2022 What To Do With Your Will After Its Signed? Creating a Will with EstatesPlus+ couldnt be easier. #wills... https://www.estatesplus.com.au/what-to-do-with-your-will-a/

14.01.2022 A senior executive had a row with a regional HR manager over a PowerPoint presentation with typographical errors. The Senior Executive told the HR manager not to put his name to the PowerPoint presentation as it was not the Senior Executive who authored the presentation. https://www.perthemploymentlawyers.com.au/reinstatement-is/

13.01.2022 The recent case of Steven Biffin v XL Express Pty Ltd T/A XL Express [2017] FWC 3702 highlighted a number of issues of substance and procedure in validly dismissing an employee. Steven Biffin was a long-standing employee of XL Express, having worked a total of 24 years with the company, the final eight years in a managerial role as Depot Manager for the distribution business. The apparent reason for the dismissal is the error of Mr Biffin in allowing copies of the new J.K. R...owling novel Fantastic Beasts and Where to Find Them to be distributed to a retailer a day earlier than expected. The FWC, through Deputy President Asbury, determined that there was no valid basis for the dismissal, and that the actual manner of the dismissal was severely lacking in fairness. The FWC noted that the embargoed delivery of the novels was indeed misconduct, but it found that Mr Biffin was not solely at fault, and that could not be a valid ground to dismiss him. The employee was awarded $48,400 in lost wages and $6,560 in superannuation contributions

12.01.2022 Can an employee be dismissed over an offensive social media post? In this day and age social media is ubiquitous. In recent times, the courts have had to deal with social medias influence, particularly in the workplace. In the case of Somogyi, an employee posted an offensive comment on Facebook that related to management at the employees workplace. ... The post read I dont have time for peoples arrogance. And your (sic) not always right. Your position is useless; you dont do anything all day. How much of the bosses xxxx did you suck to get where you are?. The employee was terminated from his employment without any notification of the reason why he was fired. The employee then brought an unfair dismissal claim against his employer. The Commission found that although the employees post was offensive, the employer had no valid reason to terminated the employees employment. The Commission stated that this was because there was not enough evidence to show that the employee actually did make the post during work hours, and not during his break. The fact that the worker was not informed of the social media policy also supported the Commissions finding that the dismissal was unfair. The Commission highlighted that if employers are to have policies it is important that employees are made aware of them. The employee was awarded $6,000 in compensation.

12.01.2022 The Fair Work Act protects employees from adverse actions by an employer. An employer is said to have taken adverse action against an employee when they dismiss an employee, injure them in their employment, alter the employee’s position to their detriment or discriminate against the employee. Employees are only protected from adverse action based on certain protected traits covered by the Fair Work Act. https://www.perthemploymentlawyers.com.au/what-constitutes/

12.01.2022 MKI was on 2GB radio today chatting about a recent Federal Court decision where shift workers now get paid for the entire shift when they fall sick. Before that, pay was limited to 7.6 hours - even if the shift was longer than that. We will see if there is a High Court appeal or if Government makes a change the law. Shift workers could also be entitled to claim back 6 years of past underpayments. ... Its a balancing act between making sure people dont get penalised when falling sick versus making sure Australian businesses stay competitive. Time will tell how this decision will impact industries with high a portion of shift-work such as catering, manufacturing, healthcare, cleaning, mining etc. It may affect radio hosts too. https://www.2gb.com//federal-court-judgement-a-game-chang/

11.01.2022 5 Tips For Employees At Christmas Parties

11.01.2022 Our director, Nicholas Marouchak, was on Triple Ms Australia by Night with Stephen Cenatiempo discussing the legalities of unpaid work, following the recent comments by Muffin Break GM, Natalie Brennan.

10.01.2022 How To Prepare For Your Initial Consultation Family Law Advice Tips To Follow #familylaw #separation https://www.familylawassist.com.au/how-to-prepare-for-your/

10.01.2022 MKI Legal is thrilled to sponsor Perths first Law Hackathon. We will be working with UWA Law students and other law firms to discuss ways that technology can DISRUPT the legal industry for the better. We believe that tech will help lower the cost of legal services and help more people access justice.

09.01.2022 Workplace bullying is a serious issue, just have a look at these statistics. If you are experiencing bullying at work, here are some tips: Step 1. If youre comfortable try approaching the individual to resolve it informally. If you can, have a witness and keep a diary note of the incident. If you dont feel comfortable approaching the individual go to step 2.... Step 2. Create a time-stamped record of the incident using this great new free service: https://talktospot.com. Step 3. If it does not stop, raise a complaint with HR. You can consider making an informal complaint and if that does not work, you can make a formal complaint (check if there are any complaints policies and follow them). If its serious and you dont feel safe, then just make a formal complaint first. Remember National System Employees (most employees in Australia) cannot be dismissed or experience any retaliation for making a complaint about ones employment. Making a such a complaint is a protected workplace right. Step 4. Last resort, you can make a complaint to the Fair Work Commission for an anti-bullying order (only National System Employees can make this claim). Source: Safe Work Australia.

09.01.2022 Under s385 of the Fair Work Act, a dismissal is unfair if it was harsh, unjust or unreasonable. Under s.387, a dismissal is harsh, unjust or unreasonable if: - There was no valid reason for the dismissal that relates to the employee’s capacity or conduct; - The dismissed employee was not notified of the reason for their dismissal; - The dismissed employee was not given an opportunity to respond to the reason for their dismissal; - The employer unreasonably refused to allow th...e dismissed employee to have a support person to assist during the discussion relating to the dismissal; - The employee was dismissed for unsatisfactory performance but they had not been warned about the unsatisfactory performance prior to their dismissal; https://www.perthemploymentlawyers.com.au/unfair-dismissal/

08.01.2022 Having our Christmas party early. Were enjoying the Swan Valley wines.

08.01.2022 Celebrating a late end-of-financial year party with the MKI Legal team. Better late than never. Well be having our Christmas party in March.

07.01.2022 MKI Legal was on 2GB radio, in Sydney, this morning talking about the Israel Folau case and whether its religious discrimination in the workplace. Lets see how the code of conduct hearing goes tomorrow. https://www.2gb.com//is-the-israel-folau-case-religious-d/

07.01.2022 Nicholas Marouchak, a director at MKI Legal has been quoted on news.com.au talking about the George Calombaris scandal. While Georges businesses did the wrong thing and there is no excuse, the story highlights that care needs to be taken by business owners to comply with employment laws, as they complex and easy to get wrong. https://www.news.com.au///49216a8dd75114fcb15b86738ebcd5ca

07.01.2022 Some positive feedback for our Unfair Dismissal assistance.

07.01.2022 MKI Legal was featured on 6PR this week talking about legal issues for businesses in the gig economy and classifying workers as contractors.

06.01.2022 ITS MY WIFE OR YOUR JOB: FAILING TO PLEASE THE BOSSS WIFE IS NOT A VALID GROUND FOR DISMISSAL #unfairdismissal #employmentlaw https://www.perthemploymentlawyers.com.au/its-my-wife-or-y/

06.01.2022 birthday celebrations

04.01.2022 Here are 6 Tips To Help You Get Through A Messy Divorce.

04.01.2022 Power of attorney. Thats a doozy. Team MKI Legal at the #DisruptingLaw hackathon came up with an idea to give collective family oversight on these issues.

03.01.2022 8 legal rights that all employees should know about. https://www.perthemploymentlawyers.com.au/8-must-know-empl/

03.01.2022 Employees are expected to perform the tasks assigned to them to the standards set by the employer. Standards of work performance vary from time to time because businesses modify their operations, procedures and processes to increase their productivity. Underperformance occurs when employees fail to meet the expectations of the employers and fail to provide work output that meets the standards set by the employer. Poor performance results in increased customer or client dissatisfaction, high client turnover, work left undone, or work not done within set deadlines. https://www.perthemploymentlawyers.com.au/understanding-pe/

03.01.2022 Have you been recently terminated from your employment? Or do you feel as though you might be fired soon? Have you felt like you have been discriminated against whilst at work? Or do you get the feeling that your employer might not be paying you your full employee entitlements? https://www.perthemploymentlawyers.com.au/having-issues-in/

01.01.2022 MKI Legal has been quoted in News.com.au today discussing if any of Rugby Australias sponsors could be held responsible for Folaus sacking. End of the day, slim chance of making Qantas responsible, but it would make this case far more exiting to watch if Folaus legal team drags Qantas into the court action. It will be a good media stunt at the very least. https://www.news.com.au//news-story/4d8fb85225c7de31487822