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 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/

25.01.2022 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/

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

25.01.2022 Two guards worked together, and their main role was to pick-up, transport, and deliver money in an armoured vehicle for the clients of their security firm. They picked up a shipment of about $59,000 from the office of a client. On their way to transport the money, they noticed that the outer doors of the vehicle would not properly close, yet the alarm system was not triggered. https://www.perthemploymentlawyers.com.au/termination-of-e/

24.01.2022 PRE-SCHOOL TEACHER’S 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/

24.01.2022 In Family law, when it comes to the four step process, the Court will consider financial contributions, and homemaker & parent contributions. We discuss how earning the money compares to raising the children and looking after the house when it comes to a property settlement in Australia after a separation. This is a portion of episode 1 of Moving On with Jeff and Nick. For the full episode go to https://youtu.be/umN60Kt2Ejg. ... To get help from a family lawyer in Australia, visit: https://www.familylawassist.com.au/property-settlement-lawy

23.01.2022 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

23.01.2022 Having our Christmas party early. Were enjoying the Swan Valley wines.

23.01.2022 Unfair dismissal and Employee Pornography Use In a recent decision, the Fair Work Commission found that an employee had been unfairly dismissed after he used his employer’s work computer equipment to access pornography during work hours. The employee was a general insurance manager at an insurance broking firm. He had worked at the firm for just over a year. When he was dismissed, his employer alleged that his work performance was poor, and that he had been given previous wri...tten warnings. Read more at http://ow.ly/eDcD30bUdAE

22.01.2022 birthday celebrations

22.01.2022 FARM MANAGER FORCED TO RESIGN WINS UNFAIR DISMISSAL CLAIM #unfairdismissal #employmentlaw https://www.perthemploymentlawyers.com.au/farm-manager-for/

22.01.2022 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.

22.01.2022 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/

22.01.2022 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/

22.01.2022 When Leaving Work without Explanation does not Justify Termination? In Mr A v The Respondent [2016] FWC 8631, the employee worked for the employer for approximately 1 year. However, on 14 July 2016, the employee suddenly stated that he would be leaving. The employee then left the workplace and did not provide any further explanation as to why, when or if he would return. Upon departing, the employee took various of his belongings with him. Consequently, the employer concluded that the employee resigned. Read More Here http://ow.ly/pzn930bUdu3

21.01.2022 MKI Legal is thrilled to sponsor Perth's 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.

21.01.2022 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/

20.01.2022 In Dawson v Qantas Airways Ltd (2016) a Quantas flight attendant was dismissed for serious misconduct. The misconduct involved the attendant stealing several bottles of alcohol. He was dismissed because of his dishonesty during the investigation and his breach of the airlines code of conduct. However, the Fair Work Commission found that his dismissal was harsh because Qantas failed to take into consideration his unblemished employment record and family issues that the applicant was experiencing at the time. The employee was awarded $33,731 in compensation.

20.01.2022 8 legal rights that all employees should know about. https://www.perthemploymentlawyers.com.au/8-must-know-empl/

20.01.2022 How To Find A Good Divorce Lawyer #familylaw #separation #divorce https://www.familylawassist.com.au/how-to-find-a-good-divo/

19.01.2022 Our director, Nicholas Marouchak, was on Triple M's Australia by Night with Stephen Cenatiempo discussing the legalities of unpaid work, following the recent comments by Muffin Break GM, Natalie Brennan.

19.01.2022 Before making a general protections claim you need to consider if you are eligible to make a general protections claim. Only national system employees can make a general protections claim. There are 2 types of general protections claim which are available, a general protections claim involving dismissal and a general protections claim during employment. https://www.perthemploymentlawyers.com.au/general-protecti/

18.01.2022 MKI Legal has been quoted in News.com.au today discussing if any of Rugby Australia’s sponsors could be held responsible for Folau’s sacking. End of the day, slim chance of making Qantas responsible, but it would make this case far more exiting to watch if Folau’s 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

18.01.2022 Here are 6 Tips To Help You Get Through A Messy Divorce.

18.01.2022 5 Tips For Employees At Christmas Parties

18.01.2022 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.

17.01.2022 Some positive feedback for our Unfair Dismissal assistance.

17.01.2022 Termination Of Employment: Was It Unfair Or Justified? In late 2015 while working for Murray’s Australia, Mr Soomro sent inappropriate text messages to a female co-worker, Ms Tsakos. The text messages Mr Soomro sent to Ms Tsakos were constant, unwelcome and inappropriate in nature. Ms Tsakos on many occasions asked Mr Soomro to stop sending the text messages to her, but he would not stop. Ms Tsakos made a complaint to her employer and an investigation of the allegations took place by Murray’s Australia. Read more here: http://ow.ly/7Hof30bUdxl

17.01.2022 CASE STUDY: Swearing At Work In Symes v Linfox Armagaurd Pty Ltd [2012] FWA 4789 Mr Symes was summarily dismissed after he swore at a supervisor. My Symes told his Supervisor to ‘Get fd’ when he was asked to return to a meeting, and then complained about his ‘fg roster’. He also pushed his finger against the roster board which resulted in a finger injury, and the roster board falling to the floor. Linfox had a no swearing in the workplace policy. However, it was claimed tha...t this policy was not really enforced, and that swearing occurred frequently in the workplace. A disciplinary meeting was held and then Mr Symes employment was terminated. He made a claim for unfair dismissal. The Commissioner found that Mr Symes swearing was inappropriate, but was not an adequate reason for dismissal. His dismissal was found to be unfair as: - Swearing was common in the workplace , and no disciplinary action had been taken for swearing in the past. - There was no evidence Mr Symes had been physically violent. There was no threat to his supervisor, and pushing the board with his finger did not constitute violence. - Also it was not fair that his supervisor had been part of the investigative and disciplinary process. Mr Symes was reinstated to his position and paid compensation for the time he was out of work. See more

17.01.2022 Power of attorney. That’s a doozy. Team MKI Legal at the #DisruptingLaw hackathon came up with an idea to give collective family oversight on these issues.

17.01.2022 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

17.01.2022 Age is one factor taken into account that impacts how much you get in separation. Age is one example of a 'future need'. Future need is step 3 in the 4 step process of how assets are divided in Australia in a separation. This is a portion of episode 1 of Moving On with Jeff and Nick. For the full episode go to https://youtu.be/umN60Kt2Ejg. ... More information: https://www.familylawassist.com.au/property-settlement-lawy

17.01.2022 Family Law In Married Couples And De Facto Couples When Separating #familylaw #separation #defacto https://www.familylawassist.com.au/family-law-in-married-c/

16.01.2022 In Mr A v. The Respondent [2016] FWC 8631, the applicant worked for the respondent for a year, when one day he left work suddenly without providing an explanation why. The applicant also took various belongings with him when he departed. After failed attempts to contact the applicant, the employer emailed the applicant confirming that his exit had been interpreted as a resignation. The employee then instituted unfair dismissal proceedings under the Fair Work Act. The employee... alleged that his exit was not a resignation, as he had suffered a panic attack which required him to leave suddenly because of an immediate threat to his health and safety. However, the employer submitted that the employee’s work performance had been unsatisfactory over the last few months, which had made the employer reach the conclusion that the applicant had left the premises, and his employment, of his own volition. In reviewing the case, the Commission noted that increased unreasonable demands had been made of the employee in the period leading up to his dismissal, and that his mental health condition, which the employer was aware of, had deteriorated. His employer submitted that they were not aware of the applicant’s mental health issues. The Commission also found that there was no valid reason for the employee’s dismissal. Although the employer had provided the employee with an opportunity to respond to his proposed termination by contacting him after he exited the premises, the panic attack was not a valid reason to dismiss someone. The Commission found that there was no evidence to find that the applicant had actually resigned and, as such, termination of his employment was harsh, unjust and unreasonable.

16.01.2022 MKI Legal was featured on 6PR this week talking about legal issues for businesses in the gig economy and classifying workers as contractors.

15.01.2022 Celebrating a late end-of-financial year party with the MKI Legal team. Better late than never. We’ll be having our Christmas party in March.

15.01.2022 Australia Post was found to have discriminated against an employee on the basis of disability in the case of Stephens v Australian Postal Corporation. Here, Australia Post argued that the employee was dismissed due to a pick up that he missed. However, the Court found that the real reason for the employee’s dismissal was because of the employee's disability. The employee had sustained a work-related lumbar spine injury. It was held that the physical injury, along with the mental symptoms it caused, constituted a disability. Australia Post was ordered to pay the employee $25,000 as a pecuniary penalty.

15.01.2022 We helped Marlene with an unfair dismissal claim. If you've 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.

14.01.2022 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.

14.01.2022 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/

14.01.2022 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/

13.01.2022 8 Tips to Make Separating Easier for Your Children

13.01.2022 What Is A Binding Financial Agreement (BFA) And Is Having One Right For Me? #familylaw #finance #separation https://www.familylawassist.com.au/what-is-a-binding-finan/

13.01.2022 IT’S MY WIFE OR YOUR JOB: FAILING TO PLEASE THE BOSS’S WIFE IS NOT A VALID GROUND FOR DISMISSAL #unfairdismissal #employmentlaw https://www.perthemploymentlawyers.com.au/its-my-wife-or-y/

12.01.2022 In Veronica Bennett v Colin Joss & Co Pty Ltd, an employer’s 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 employer’s 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 Bennett’s physician cleared her and declared her fit to return to work. Commissioner Cambridge’s 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.

12.01.2022 Family Law In Married Couples And De Facto Couples When Separating #familylaw #defacto #separation https://www.familylawassist.com.au/family-law-in-married-c/

12.01.2022 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.

11.01.2022 CASE STUDY: ANOTHER SWEARING AT WORK EXAMPLE In Smith v Aussie Waste Management Pty Ltd [2015] a truck driver was summarily dismissed for swearing at the Managing Director. The Managing Director confronted the employee about being slower than usual on his round. The employee called the Managing Director and a heated exchange took place in which the employee said that ‘you dribble s..t,’ ‘you always dribble f..g s..t’ and then hung up. The Managing Director called the employee... back and told him that he would not be spoken to in that way, and then terminated his employment. The FWC decided that the employees conduct was wrong and warranted a warning or counselling. However, it was also held that the swearing did not amount to serious misconduct, and that his dismissal for swearing was unfair as: - His co-workers did not overhear the swearing, therefore it didn’t undermine the Managing Director’s authority in the workplace. - The fact that the employee used the language when he was angry. - The Managing Director did not meet with the employee to discuss the swearing before he dismissed him, and the employee was not given an opportunity to explain his behaviour. - The fact of swearing being common in the workplace in 2015, and that bad language was especially common in the transport industry. See more

10.01.2022 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.

09.01.2022 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/

09.01.2022 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/

09.01.2022 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.

09.01.2022 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/

09.01.2022 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/

08.01.2022 WHAT QUALIFIES AS A CONSTRUCTIVE DISMISSAL CLAIM? #unfairdismissal #employmentlaw https://www.perthemploymentlawyers.com.au/what-qualifies-a/

08.01.2022 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/

08.01.2022 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/

07.01.2022 Having our Christmas party early. We’re enjoying the Swan Valley wines.

07.01.2022 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.

07.01.2022 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/

07.01.2022 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/

06.01.2022 Just started our Christmas party. Merry Christmas & Happy Holidays. Stay safe and see you all in 2021!

06.01.2022 What To Do With Your Will After It’s Signed? Creating a Will with EstatesPlus+ couldn't be easier. #wills... https://www.estatesplus.com.au/what-to-do-with-your-will-a/

05.01.2022 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.

04.01.2022 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/

04.01.2022 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

04.01.2022 In Daniel Kerle v Basketball Tek Academy Pty Ltd T/A Basketballtek [2017] FWC 962, the employee, Mr Kerle, was a basketball coach and admin officer for Basketballtek. However, after just 9 months of employment, Mr Kerle was dismissed on 17 October 2016. Mr Kerle then claimed that his dismissal was unfair because he was dismissed with immediate effect and for no valid reason. Mr Kerle, therefore, made an unfair dismissal claim before the Fair Work Commission. In its response, ...Basketballtek argued that Mr Kerle was dismissed because it could no longer sustain his employment, being under significant financial pressure. The Fair Work Commission held that Basketballtek had obligations to consult about redundancy per an award that applied to Mr Kerle. Basketballtek did not consult Mr Kerle at all. Therefore, there was not a genuine redundancy, due to a failure to follow the unfair dismissal laws. The Fair Work Commission then held that, especially since Mr Kerle was notified of his termination for the first time via a telephone conversation and was then not allowed any opportunity to respond to any reasons, the dismissal was harsh, unjust and unreasonable in contravention of the laws on unfair dismissal.

04.01.2022 General Protections Claims on the Grounds of Disability One of the grounds on which employees can make a general protections claim is on the basis of disability. A general protections claim can be made where an employee has a reasonable belief that adverse action has been taken against them for a variety of reasons, disability being one of them. Adverse action can include dismissing the employee. Read more at http://ow.ly/Yzmh30bUdLS

04.01.2022 Congratulations to our 2 newest lawyers, Marissa and Mel.

04.01.2022 My Partner And I Are Splitting Up. How Do We Go About Deciding Parenting Arrangements For Our Children? #familylaw #separation #children https://www.familylawassist.com.au/my-partner-and-i-are-sp/

03.01.2022 The recent case of C.F [2015] FWC 5272 is an example of where an application for an order to stop bullying was successful. The applicants worked for a real estate business and claimed that they were bullied by their Property Manager, who had since left the business, and become employed by a related company. The alleged bullying behaviours included; belittling conduct, swearing, yelling, undermining the applicants’ work, and physical intimidation. The Commissioner found that t...he behaviour amounted to bullying under s 789FD of the Fair Work Act 2009. Although the Property Manager had moved on to another workplace, the Commissioner found that there was still potential for interaction between the Property Manager and the employees. The Property Manager was also seconded back to his original workplace on a short-term basis, which meant that there was a risk that the workers would continue to be bullied by the Property Manager. Therefore, the Commissioner made orders to stop the bullying. The Commissioner made two types of orders. The first type were aimed at preventing contact between the employees and the Property Manager, and the second type were to improve the workplace culture by implementing anti-bullying policies, procedures to deal with bullying, and training on how to deal with workplace bullying. See more

03.01.2022 Some people think it’s a good idea to deliberately quit their job during a divorce or separation. It’s not. There are a lot of risks in doing that because when it comes to determining the property settlement, the Court will look at income earning potential. If someone has voluntarily decided to quit their job, the assets can still be divided on the basis that they have higher future earning potential.... This is a portion of episode 1 of Moving On with Jeff and Nick. For the full episode go to https://youtu.be/umN60Kt2Ejg. More information go to https://www.familylawassist.com.au/property-settlement-lawy

03.01.2022 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/

03.01.2022 Jeff Hewitt, head of our family law division speaking at BNI today.

02.01.2022 MKI Legal is a specialist employment law firm which provides employment law advice to business, employee and contractor clients. Whether you are an employee, business or contractor we can provide assistance with all aspects of employment law. https://www.perthemploymentlawyers.com.au/things-an-employ/

02.01.2022 In Mt Arthur Coal Pty Ltd t/a Mt Arthur Coal v Jodie Goodall (2016), the employee was originally dismissed for making anti-Muslim remarks and sexually explicit comments over a two-way radio system, which many employees at the site heard. The employee commenced an unfair dismissal claim. The Commission decided that the employee’s comments were at the lower end of the scale of seriousness, and that fatigue was a contributing factor to his comments. The employee succeed in the claim and the Commission reinstated the employee to their previous position.

02.01.2022 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/

01.01.2022 What Assets of the Deceased Get Transferred to the Beneficiaries? Creating a Will with EstatesPlus+ couldn't be easier. #wills #deceasedestate... https://www.estatesplus.com.au/what-assets-of-the-deceased/

01.01.2022 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.

01.01.2022 Jaco gave us some feedback regarding assistance provided in his Unfair Dismissal matter.