ArticleA new financial year, new numbers to rememberHere is a summary of some of the key changes in the workplace, employment law and superannuation effective 1 July 2017.AustraliaEmployment and HRMarque Lawyers
ArticleAlteration of medical certificate justified summary dismissalAn ill employee who altered a medical certificate to facilitate a return to work was found to be guilty of misconduct.AustraliaEmployment and HRDWF (Australia)
ArticleCan employees request an extension for a claim of unfair dismissal, if they made a mistake on their form?When considering an extension of time, the FWC takes into account all circumstances, including the reason for the delay.AustraliaEmployment and HRJewell Hancock Employment Lawyers
ArticleCan you be fired for not smiling enough? Tests for unfair dismissalEmployers have the right to expect a certain standard of behavior from their employees.AustraliaEmployment and HRStacks Law Firm
ArticleComfort for employers mandating vaccinationsThe fact that the fairness of these dismissals have been upheld may provide comfort for employers mandating vaccinations.AustraliaEmployment and HRPeople + Culture Strategies
ArticleComplaint by a sacked employee accepted by Queensland Anti-Discrimination Commission despite a valid deed of releaseThe Queensland Anti-Discrimination Tribunal recently rejected an interlocutory application by an employer to dismiss a complaint where the employee had signed a deed of release that included a clause releasing the employer from any future claims.AustraliaEmployment and HRCooper Grace Ward
ArticleCourt values non-pecuniary aspects of workplaceThe recent Federal Court decision in Quinn v Overland [2010] FCA 799 highlights the increasing recognition placed by courts on the importance of the non-pecuniary aspects of a workplace to employees. AustraliaEmployment and HRClayton Utz
ArticleCOVID-19 a relevant factor when awarding compensation for unfair dismissalCOVID-19 was considered a relevant factor when awarding compensation to an applicant who had been unfairly dismissed.AustraliaEmployment and HRPeople + Culture Strategies
ArticleDeliberate coughing leads to fair dismissalFWC considered whether, in circumstances where an employee coughed deliberately in the face of a nurse, dismissal was fair.AustraliaEmployment and HRPeople + Culture Strategies
ArticleDemotion did not trigger dismissalAn employee's demotion could trigger termination of their employment and allow them to bring an unfair dismissal claim.AustraliaEmployment and HRPeople + Culture Strategies
ArticleDiscrimination: The Potential For Attack On Multiple FrontsThe potential for discrimination claims by employees against their employers is certainly not new; employees have for many years been able to bring such claims against their employers using federal and state anti-discrimination legislation, and unlawful termination protections. AustraliaEmployment and HRCarroll & O'Dea
ArticleDismissal of 'Poisonous' EmployeeFWA held that an employee’s conduct constituted a valid reason for dismissal but it was ‘harsh’ for procedural reasons.AustraliaEmployment and HRKott Gunning
ArticleDo not believe the hype: Dismissal of employee who refused to be vaxxed was not unfairEmployers should continue a conventional and balanced approach to the issue of mandatory vaccination in the workplace.AustraliaEmployment and HRMcCullough Robertson
ArticleEmployee must pay costs after refusing employer's reasonable settlement offerAn employee that refused a reasonable offer of settlement was ordered by the FWC to pay his ex-employer's legal costs.AustraliaEmployment and HRHolding Redlich
ArticleFederal Government Releases Further Details Of Workplace ReformThe Deputy Prime Minister, the Hon Julia Gillard MP yesterday outlined details of the key elements of the Government's workplace relations reforms.AustraliaEmployment and HRDLA Piper Australia
ArticleFreedom to tweet – no power to terminate public servant for anonymous political communicationTermination of employment for anonymous tweet trespassed on the implied freedom of political communication.AustraliaEmployment and HRNorton Rose Fulbright Australia
ArticleFWC says alcohol and work functions don't mixA manager was found to have been fairly dismissed after he allowed his team to drink alcohol at an off-site work function.AustraliaEmployment and HRPeople + Culture Strategies
ArticleHave you missed some important employment law news?The article discusses recent cases, notices and developments relating to employment law, unfair dismissal and bullying.AustraliaEmployment and HRClarkeKann Lawyers