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  • Article

    When A Piccolo Café Latte Might Cost You Your Job

    The Applicant, Ms Ajax, made an application to the Fair Work Commission (Commission) for an unfair dismissal remedy
    AustraliaEmployment and HR
    Vincent Young
    Vincent Young
  • Article

    When is reinstatement likely? An inmate escaped, but the correctional services officer kept his job

    The case highlights points which should be considered before terminating employment, to avoid unfair dismissal claims.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

Workplace Relations And Employment Law

There has been a lot of media coverage about the Howard Government’s changes to unfair dismissal laws. Unfair dismissal remedies are no longer available to employees terminated by a "constitutional corporation" with less than 100 employees. And even if an employee is terminated by a constitutional corporation with more than 100 employees, they are precluded from making an unfair dismissal claim in the first six months of employment, which is known as the qualifying period.
AustraliaEmployment and HR
Nicol Robinson Halletts
Nicol Robinson Halletts
  • Article

    Workplace Wrap - June 2023

    As we approach 1 July 2023, a number of the key financial thresholds relating to employees will increase.
    AustraliaEmployment and HR
    K&L Gates
    K&L Gates
  • Article

    You have just been retrenched? Do you have an unfair dismissal claim?

    AustraliaEmployment and HR
    Kells
    Kells
  • Article

    Autism and mental disability in the workplace – An employee's duty to disclose

    The FCFCA upheld the employee's dismissal, because he had failed to disclose to his employer his mental disability.
    AustraliaEmployment and HR
    People + Culture Strategies
    People + Culture Strategies
  • Article

    Employment Law Update

    This update includes recent legislative amendments and judicial developments affecting employment law in Australia.
    AustraliaEmployment and HR
    Walter Baden
    Walter Baden
  • Article

    Small Business Fair Dismissal Code - summary dismissal for out of hours conduct impacting on work

    FWA handed down the first full bench decision to consider the requirements of the Small Business Fair Dismissal Code.
    AustraliaEmployment and HR
    Gadens Lawyers
    Gadens Lawyers
  • Article

    The significance of legal representation in employment law: Why hiring a lawyer is crucial

    Employment law covers a wide range of legal issues - contracts, wages, conditions, leave, discrimination or termination.
    AustraliaEmployment and HR
    Pentana Stanton Lawyers
    Pentana Stanton Lawyers
  • Article

    What do you do if your employees do not turn up for work? - Boguslaw Bienias v Iplex Pipelines Australia Pty Ltd [2017] FWCFB 38

    The employer should try to consult with the employee regarding their whereabouts before taking any action against them.
    AustraliaEmployment and HR
    Holman Webb
    Holman Webb
  • Article

    As an employer, is domestic violence any of your business?

    Domestic violence cases can present difficulties for employers, but penalising the apparent victim is not the way to go.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Can an employee retract their resignation?

    In some limited circumstances, an employee can then retract that resignation.
    AustraliaEmployment and HR
    Jewell Hancock Employment Lawyers
    Jewell Hancock Employment Lawyers
  • Article

    Effecting a fair redundancy under the Fair Work Act: redeployment

    An employer must take reasonable steps to redeploy a redundant employee, to avoid a potential unfair dismissal claim.
    AustraliaEmployment and HR
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Full Federal Court confirms breach of drug and alcohol policy constitutes sufficient grounds for dismissal

    Prima facie, a failure of an employee to comply with a company drug and alcohol policy can constitute valid dismissal.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Improper procedure but a valid dismissal

    Despite procedural deficiencies, a termination of employment is upheld.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Procedural fairness, unfair dismissal and employment law

    Procedural fairness protects an employee from threats of unfair dismissal by providing a genuine opportunity to respond.
    AustraliaEmployment and HR
    Clifford Gouldson Lawyers
    Clifford Gouldson Lawyers
  • Article

    Recent Amendments To Australia's Fair Work Act Impact Whether Independent Contractors Are Deemed "Employees"

    Amendments to the Fair Work Act 2009 (Cth) ("FW Act") that took effect on 26 August 2024 introduced new definitions of "employee" and "employer".
    AustraliaEmployment and HR
    Jones Day
    Jones Day
  • Article

    Sometimes minesite banter isn't a joke – You could lose your job for it

    The result in this case would have probably been different if the employee lacked an unblemished record and remorse.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Time is up for maximum term contracts

    Employees subject to a contract with a specific end date can now seek unfair dismissal relief upon end of the contract term. .
    AustraliaEmployment and HR
    Madgwicks
    Madgwicks
  • Article

    Unfair dismissal claims: The difference between hard bargaining and pushing your luck

    The applicant was ordered to pay indemnity costs for unreasonably refusing an offer to settle his unfair dismissal claim.
    AustraliaEmployment and HR
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Showing 281–300 of 1100 results

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