Press record: Lessons from Michael Lawler row

Law firm McDonald Murholme says the legality of recording a workplace conversation needs to be considered carefully.

Fair Work Commission vice-president Michael Lawlerrevealed he had been recording conversations with the organisation’s president. Picture: John Feder

Law firm McDonald Murholme says the legality of recording a workplace conversation needs to be considered carefully, with the issue under scrutiny since Fair Work Commission vice-president Michael Lawler revealed he had been recording conversations with the organisation’s president.

Lawler said he recorded the conversations as evidence to clear his name after months of what he described as false allegations against his character.

McDonald Murholme managing director Alan McDonald says the legality of recording a conversation with a manager is questionable.

“Everyone benefits when evidence is clear and unambiguous as it is in a recording and it also allows the conflicting party to respond knowing precisely what the allegation is,” McDonald says.

“Judges are not troubled by the issue of who to believe in an oral conversation because it is recorded.”

McDonald says FWC president Iain Ross could make a detailed response with regards to what is happening at the commission without having to go through a public inquiry.

Skills shortage

A global assessment of skilled labour market efficiencies in 31 countries has awarded Australia a very high rating.

Recruitment firm Hays says industry-specific skill shortages in engineering and technology have placed increased wage pressure on employers.

Managing director in Australia and New Zealand Nick Deligiannis says wages in Australia’s high-skill industries are increasing much more quickly than those in low-skill industries.

Employers are resorting to better salary offers to fill staffing gaps and recruit candidates.

Freelancing thrives

An estimated one in three Australians is being hired for freelance work, with almost 4.1 million having taken up irregular work in the past year.

A new survey from Upwork that quantifies the Australian independent workforce has found most freelancers who left traditional employment now earn more, with 69 per cent earning more in a year or less.

Freelancing is seen as a booming profession to help improve the economy and 65 per cent of freelancers agree, citing additional investment in digital infrastructure.

The survey found freelancers are more confident heading into retirement as more than half believe they will be able to maintain their present standard of living, and 89 per cent say they will continue to freelance to earn additional income after retirement.

Gen Y underused

More than half of generation Y jobseekers think they are over-skilled, over-educated and over-qualified, and are settling for unsuitable, unsatisfying jobs.

A study by job platform LikeAJob.com.au found one in two professionals has experienced a job mismatch in their professional lifetime.

Chief executive Chris Hansen says many jobseekers think they have landed their dream role but discover a mismatch.

“This can be career suicide at worst, it’s highly disruptive financially and emotionally, not to mention an enormous time waste,” Hansen says.

The findings show jobseekers have found the main mismatch is between salaries and jobs, with 18 per cent of males and 15 per cent of females considering themselves underpaid.

Other reasons include misinformation through the advertising and interview process and believing they are under-skilled for the role.

Hansen says employers and employees need to be open about what the job entails.