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  • Article

    The power of implied terms in contracts of employment

    Under common law, terms can be "implied" into an employment contract as a matter of law, fact or industry custom/practice.
    AustraliaEmployment and HR
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Unreasonably broad final warning renders long-serving employee’s dismissal unfair

    Employers must be careful when relying on prior written warnings to an employee to justify a later decision to dismiss.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
Article

What is the difference between redundancy and retrenchment?

When a role is made redundant (no longer required), the employee could be redeployed or retrenched (lose their job).
AustraliaEmployment and HR
Jewell Hancock Employment Lawyers
Jewell Hancock Employment Lawyers
  • Article

    Working hard or hardly working at home? – Unfair dismissal claim falls short

    If employers can prove that employees are not working diligently at home, they are justified in dismissing the employee.
    AustraliaEmployment and HR
    Pointon Partners
    Pointon Partners
  • Article

    Workplace Conduct, Whistleblowing And Termination Of Employment

    If a whistleblower's conduct involves misconduct and/or continued unfounded allegations of the theft, illegal act or wrongdoing, termination may be justifiable.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Workplace relations useful facts: Did you know?

    The article covers a few useful facts which may help to guide you through some potentially complex workplace situations.
    AustraliaEmployment and HR
    Madgwicks
    Madgwicks
  • Article

    Workplace safety or employee privacy? FWC battles conflicting interests in unfair dismissal claim

    With new and emerging technology being used in workplaces, employers must take care to have regard to privacy concerns.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Keeping the High Court decision in Comcare v Banerji in perspective

    The Banerji case relates to the use of tweets or social media by a Commonwealth public servant about government policies.
    AustraliaGovernment, Public Sector
    Swaab Attorneys
    Swaab Attorneys
  • Article

    1 July 2009 Start Date For New Fair Dismissal Code For Small Business

    On 18 September 2008, Workplace Minister Julia Gillard unveiled the Rudd Government's proposed new unfair dismissal laws that will allow companies with less than 15 employees to terminate an employee's employment after giving them one warning and time to improve their behaviour.
    AustraliaEmployment and HR
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Case Update: $150k Penalty For The ABC

    The judgment is a reminder that political opinion is a protected attribute; dismissals, even if partly connected to political opinion, are unlawful.
    AustraliaEmployment and HR
    Jewell Hancock Employment Lawyers
    Jewell Hancock Employment Lawyers
  • Article

    HR manager fined for Fair Work Act breach

    HR managers are exposed to pecuniary penalties if they are involved in unlawful adverse action against employees.
    AustraliaEmployment and HR
    Gilchrist Connell
    Gilchrist Connell
  • Article

    No need for compulsory arbitration in dispute settlement clauses in enterprise agreements

    The Full Bench of Fair Work Australia (FWA) has overturned the decision which held that a dispute resolution term in an enterprise agreement must allow for disputes to be settled by arbitration, whether the parties want to or not.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    NSW Government Bulletin: Can a labour hire worker claim an unfair dismissal?

    Recent case reminds of the flexibility that this work structure offers & highlights actions required to manage a labour hire workforce.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Trust and confidence – FWC orders reinstatement of union delegate

    While reinstatement is not a common remedy, employers should be aware that it can be ordered by the FWC in certain circumstances.
    AustraliaEmployment and HR
    People + Culture Strategies
    People + Culture Strategies
  • Article

    Abandonment of employment - can you fire an employee for not showing up to work?

    Absence from work may be a reason to dismiss, but it is not an exception to rules about termination or adverse action.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Being a small business is no excuse for ignorance of employment law

    Any breaches can be costly, so small business employers should know their obligations to employees under employment law.
    AustraliaEmployment and HR
    Walter Baden
    Walter Baden
  • Article

    Being a small business is no excuse for not complying with employment law

    Small business employers must learn about obligations to employees under employment law, as breaches can be costly.
    AustraliaEmployment and HR
    Walter Baden
    Walter Baden
  • Article

    The facts and fiction about abandonment of employment

    It is difficult to establish abandonment and the FWC has called for a review into abandonment clauses in modern awards.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Unfair dismissal genuine redundancy

    Two recent unfair dismissal decisions explore the issues of when a termination of employment is not a dismissal but a genuine redundancy - Mr Francesco Di Masi v Coastal Fisheries Pty Limited ATFT Sea Empire Unit Trust and Mr Gim Pheng Ho v A. P. Eagers Limited
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    1 July 2009 Start Date For New Fair Dismissal Code For Small Business

    On 18 September 2008, Workplace Minister Julia Gillard unveiled the Rudd Government's proposed new unfair dismissal laws that will allow companies with less than 15 employees to terminate an employee's employment after giving them one warning and time to improve their behaviour.
    AustraliaEmployment and HR
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Showing 221–240 of 1099 results

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