ArticleLying and theft justifies termination of flight attendantQantas succeeded on appeal against unfair dismissal when a flight attendant stole alcohol and lied in the investigation.AustraliaEmployment and HRMDC Legal
ArticleMaximum term employees may be entitled to make unfair dismissal claims and be paid redundancyIt would be prudent to consider to review your own contracts and employment practices in light of the Navitas decision.AustraliaEmployment and HRMDC Legal
ArticleOld enterprise agreements - when can protected action ballot orders be made?Fair Work Australia has shut off an avenue to industrial action where even one employee sought to be covered under a new enterprise agreement is covered by an old agreement which is not about to expire.AustraliaEmployment and HRClayton Utz
ArticleOut of the office, out of a job: Unauthorised remote working arrangement constitutes valid dismissalWorking from home without the employer's consent, combined with other reasons, may constitute valid dismissal.AustraliaEmployment and HRPointon Partners
ArticlePayout brewing for café barista following her removal from WhatsApp roster systemThe removal of an employee from a WhatsApp group and the withholding of her shifts can constitute dismissal.AustraliaEmployment and HRCooper Grace Ward
ArticleProcedure is 9/10ths of the Unfair Dismissal law: follow a fair processThe FWC may still order compensation if the employer did not follow a fair process when making a decision to terminate.AustraliaEmployment and HRAustralian Business Lawyers And Advisors
ArticleQantas decision to terminate an employee despite 31 years of service deemed reasonableRegardless of a strong employment record and significant tenure, serious misconduct can easily result in termination.AustraliaEmployment and HRColeman Greig Lawyers
ArticleReinstatement despite serious safety breachPast employment record and personal circumstances sufficient to justify reinstatement.AustraliaEmployment and HRMoray & Agnew
ArticleSo You Think Your Employer May Have Unlawfully Discriminated Against or Fired You – What to Do NextYou may have watched workplace harassment, discrimination, and retaliation trainings as part of your office's requirements...AustraliaEmployment and HRSanford Heisler Sharp McKnight, LLP
ArticleSwearing at the boss: is it always a sackable offence?The FWC has found against a company that summarily dismissed an employee for abusing the managing director of the company.AustraliaEmployment and HRSwaab Attorneys
ArticleThe importance of not creating a reason vacuum for employee dismissalEmployers should always give clear and well-founded reasons for the decision to terminate an employee's position.AustraliaEmployment and HRPeople + Culture Strategies
ArticleThe Small Business Fair Dismissal Code and Summary DismissalSmall Business Employers will have an easier job of complying with the Fair Dismissal Code in summarily dismissing employees following a recent unfair dismissal judgment by Fair Work Australia (FWA) in Banana Tree Café [2010] FWA 7891. AustraliaEmployment and HRNorton Rose Fulbright Australia
ArticleThe Status of Priests and Churches – Supreme Court JudgementA recent judgment deals with important issues relating to the employment status of priests.AustraliaEmployment and HRMakinson d'Apice Lawyers
ArticleTightened Restrictions For Executive Termination Payments – What Do They Mean For EmployersRecent amendments to the Corporations Act 2001 (Cth) (Act) tighten restrictions on termination payments which can be made to executives without shareholder approvalAustraliaEmployment and HRNorton Rose Fulbright Australia
ArticleTo tweet or not to tweet: Employee social media use in the spotlightThe case turned on the question of whether anonymous tweets criticising her employer were a lawful reason for dismissal.AustraliaEmployment and HRHolding Redlich
Article'Trapped Leavers' - The Risk of Having to Buy Back the Equity of Sacked ManagersTerminated managers normally pack up their desks. Now, they may also be able to cash in their chips.AustraliaEmployment and HRAddisons
ArticleUnfair dismissal and the high income thresholdEmployers should closely review and assess the employee's actual earnings when faced with a claim for unfair dismissal.AustraliaEmployment and HRSwaab Attorneys
ArticleUnfair dismissal claim dismissed because executive-level manager not covered by modern awardThe employee was not covered by a modern award, so was not protected from unfair dismissal under the Fair Work Act 2009.AustraliaEmployment and HRKemp Strang Lawyers
ArticleUnfair Dismissal Claims And Income Thresholds – What Is In The Cap In The “Fair Work Act”?Employees earning over a certain amount are not able to bring an unfair dismissal claim against an employer. However, determining whether an employee earns above the cap is not always an easy task. AustraliaEmployment and HRGadens Lawyers