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  • Article

    A doctor's certificate is no shield to dishonest conduct

    Employers can challenge a medical certificate where there is reasonable cause to believe that the employee is dishonest.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Advice needed before employee dismissals

    Employers need be very careful with employee dismissals and to exercise diligence and fairness in their procedures.
    AustraliaEmployment and HR
    Mellor Olsson
    Mellor Olsson
  • Article

    Alcohol-fuelled misconduct at work functions

This FWC decision highlights a number of issues for employers to consider regarding work functions in the festive season.
AustraliaEmployment and HR
Kemp Strang Lawyers
Kemp Strang Lawyers
  • Article

    Are Fingerprints Employee Records? Biometric Data In The Workplace

    In an age driven by technology, employers are increasingly using biometric technologies, such as fingerprint scanning and facial recognition, as a way to deal with employee identification, absenteeism, and workplace surveillance.
    AustraliaEmployment and HR
    Johnson Winter & Slattery
    Johnson Winter & Slattery
  • Article

    Can a company legally sack an employee who has been ill for ten months? Which case won?

    Does the temporary illness provision provide a "silver bullet" rebuttal to adverse action? Interesting and interactive article.
    AustraliaEmployment and HR
    Stacks Law Firm
    Stacks Law Firm
  • Article

    Can an employer sack an employee for being drunk at work?

    A "zero tolerance" alcohol policy may not necessarily mean instant dismissal for a first, relatively minor, infringement.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Can conduct outside of work lead to dismissal?

    The out of hours conduct must have some relevant connection to the employment relationship to warrant dismissal.
    AustraliaEmployment and HR
    Jewell Hancock Employment Lawyers
    Jewell Hancock Employment Lawyers
  • Article

    Collecting employee travel information in times of COVID-19: balancing WHS and privacy obligations

    FWC upholds dismissal of employee for refusing COVID-19-specific travel information.
    AustraliaEmployment and HR
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Coming to blows – The end of a personal and employment relationship

    A personal relationship with a colleague at work can be a challenge, especially when that personal relationship sours.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Common sense prevails in an unfair dismissal case

    The Fair Work Commission was satisfied that the employer had a valid reason for the dismissal of the applicant.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Court rejects adverse action claim in context of restructuring a business and altered roles of employees

    This case highlights the need for careful consideration of policies and procedures when altering roles of employees.
    AustraliaEmployment and HR
    Aitken Partners
    Aitken Partners
  • Article

    COVID-19 temperature checking system and dismissal upheld

    The decision illustrates how seriously the Commission views departures from safety standards, especially in a pandemic.
    AustraliaEmployment and HR
    Gilchrist Connell
    Gilchrist Connell
  • Article

    Dismissal harsh and unreasonable due to the union advice

    The decision highlighted the importance of employers satisfying all elements in dismissals to prevent them being unfair.
    AustraliaEmployment and HR
    People + Culture Strategies
    People + Culture Strategies
  • Article

    Driver accused of tampering with driver-facing camera was unfairly dismissed, says Fair Work Commission

    An employer's decision to dismiss an employee on circumstantial evidence was found to be harsh and unreasonable.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Employee Reinstated When Employer Fails To Comply With Its Drug And Alcohol Policy Or Properly Train Workers About The Policy

    In the case of Kidd v Linfox Australia Pty Ltd, the Australian Industrial Relations Commission (AIRC) ordered that an employee, who was terminated for refusing to submit to a drug and alcohol test, be reinstated.
    AustraliaEmployment and HR
    HopgoodGanim
    HopgoodGanim
  • Article

    Employees behaving badly

    Employers are entitled to be assertive about disciplinary processes where there are repeated infringements and warnings.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Everyone lies in their job application .... so can I fire them?

    This decision is useful for employers who find that an employee has been deliberately dishonest in their job application.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Facebook: implications for employers

    FWA upheld a decision that an employee who made 'derogatory and offensive comments' on Facebook was unfairly dismissed.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Failure to attend independent medical examination justified dismissal

    The employment tribunal dismissed an application for unfair dismissal after an employee failed to attend a medical examination.
    AustraliaEmployment and HR
    Gilchrist Connell
    Gilchrist Connell
  • Article

    Failure to consider redeployment upon redundancy can have costly impacts

    In a recent decision of Fair Work Australia, a long serving employee has been awarded $25,000 in compensation for his unfair dismissal from dealership giant A P Eagers.
    AustraliaEmployment and HR
    Truman Hoyle
    Truman Hoyle
  • Showing 361–380 of 1100 results

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