MDC Legal

Thank you to for hosting us at this year’s Perth Law Careers Fair.

We enjoyed sharing our passion for employment law with the next generation of lawyers and thank all those who expressed an interest in our firm.

For information on our clerkship programs or to submit an application, please email [email protected].

As a business owner are you aware of when an employee can bring a representative vs a support person to a disciplinary process? Further, how is a support person entitled to participate in the process?

In line with procedural fairness requirements, an employee is usually entitled to bring a support person to a disciplinary meeting. The support person’s role is limited to providing emotional support and acting as a witness. However, certain Awards and Enterprise Agreements afford employees the right to have a representative at disciplinary meetings, who can advocate on their behalf.

For further information, please check out our blog article.

Difference between a representative and a support person during a disciplinary process by Paul Hyun, Lawyer As an employer you will probably at some stage need to undertake a disciplinary process with an employee. The disciplinary process may already be a daunting task for some employers, more so when a union official or lawyer attends the meeting with the employee. To ensure that you...

In our latest blog article, we outline the recent decision of Elisha v Vision Australia [2024] HCA 50, in which an employee recovered damages for the manner in which he was dismissed from employment.

The decision is a timely reminder to all employers to consider their HR practices when terminating an employee’s contract of employment and a cautionary tale on the need for careful wording in employment contracts and settlement deeds.

A Shake-Up of an Old Rule: Damages for Psychiatric Injury for Terminating an Employee’s Employment By Nicholas Morrison, Lawyer, and Alison Humphry, Legal Consultant Since the 1909 English Court of Appeal decision of Addis v Gramophone Company Ltd [1909] AC 488, it has been a widely held principle that an employee cannot recover damages for the manner in which they were dismissed. The recent High...