ArticleUnfair dismissal decisionsGary Black v The Commonwealth of Australia (Department of Defence) [2011] FWA 293 (14 January 2011) AustraliaEmployment and HRMoray & Agnew
ArticleUnfair Dismissal – Recent Appeal To The Full Federal CourtMr Gregory, a 747 First Officer employed by Qantas for 20 years, flew into Santiago on 8 February 2014 and was due to fly out two days later.AustraliaEmployment and HRClyde & Co
ArticleWhat conflicts of interest mean for unfair dismissal – Matthew Boulton v Telstra Corporation LimitedRecent case gives insight into how unfair dismissal claims may be determined in cases of conflict of interest. AustraliaEmployment and HRPointon Partners
ArticleWhen can you dismiss an employee for safety breaches? - a case law updateFair Work Australia upheld the employer's position in insisting on strict adherence to regulations relating to safety.AustraliaEmployment and HRHolding Redlich
ArticleFWC confirms that accepting repudiation of employment does not constitute dismissalEmployers have the option of accepting an employee's repudiation when the employee abandons their employment.AustraliaEmployment and HRHolding Redlich
ArticleNon-work related injuries - what can the employer do?Employers need to comply with the Fair Work Act when dealing with an employee suffering from non-work related injuries. AustraliaEmployment and HRPointon Partners
ArticleRecent Uber decision takes the employer/contractor distinction for a rideTraditional tests for employment relations do not cater for technology dependent, revenue sharing, business structures.AustraliaEmployment and HRHolding Redlich
ArticleRemoval from WhatsApp group constitutes dismissalThe case demonstrates the care an employer must take in dismissing an employee or assuming an employee intends to resign.AustraliaEmployment and HRPeople + Culture Strategies
ArticleWarning – if you do not give one, you may have trouble aheadIf you haven't warned an underperforming employee before you dismiss them, then you could face trouble from the FWC.AustraliaEmployment and HRHolding Redlich
ArticleAdverse Action – Full Bench DecisionThe Barclay decision was one of the first general protections decisions handed down by the Federal Court following the introduction of the Fair Work Act 2009 (Act). AustraliaEmployment and HRNorton Rose Fulbright Australia
ArticleCovert recordings in the workplace: What do employers need to know?Recent cases indicate it is becoming more common for employees to record contentious conversations in the workplace.AustraliaEmployment and HRHolding Redlich
ArticleFerry driver terminated for marijuana use – strict compliance with drug policy enforcedThe employee claimed unfair dismissal, but it was a clear policy, which was known, understood and deliberately breached.AustraliaEmployment and HRKott Gunning
ArticleManaging employee expensesThe FWC considered whether the dismissal of a senior engineer, for improper use of the company credit card, was unfair.AustraliaEmployment and HRMDC Legal
ArticleOut of hours conduct: Does it justify dismissal?Recent cases raise a number of consistent themes around the issue of out of hours conduct.AustraliaEmployment and HRPeople + Culture Strategies
ArticleProcedural fairness not always essential in claims of unfair dismissalNotwithstanding this case, every attempt should be made by an employer to observe procedural fairness in dismissal.AustraliaEmployment and HRKott Gunning
ArticleRare win for employer in indemnity costs caseThe FWC found that the office manager persisted with a 'doomed to fail' unfair dismissal application in a vexatious bid.AustraliaEmployment and HRCooper Grace Ward
ArticleWhat is a support person entitled to do at a disciplinary interview?If a support person attempts to act as an advocate, the employer is within its rights to request the person to desist.AustraliaEmployment and HRColeman Greig Lawyers
ArticleWhen terminating an injured worked is not unfairInjured worker's employment was terminated because of his inability to perform the inherent requirements of his job.AustraliaEmployment and HRMoray & Agnew
ArticleMonth in review – Workplace culture mattersThis Month in Review considers recent workplace matters and employment law in the news and in the courts.AustraliaEmployment and HRWalter Baden