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It is strongly advisable for employers to consider all other alternatives before taking action to dismiss an employee.

Recent case attests inappropriate conduct is a valid reason for dismissal even if no formal complaint was made about the conduct.

Within days of the party, a number of employees approached management to complain about the team leader's behavior.

Unfair dismissal applications involving Facebook have increased with the proliferation of social media and networking.

There has been a lot of recent conjecture about the unfair dismissal high income threshold is and how it is calculated.

Constructive dismissal is when an employee feels they have no other choice but to resign from their employment.

The FWC found that the demotion of the employee amounted to a dismissal for the purposes of the Fair Work Act 2009.

Employers should ensure there is express provision in the contract entitling them to place employees on gardening leave.

A Fair Work Commission ruling demonstrates that unclear employee statements during emotional or confusing circumstances may not constitute valid resignations. The decision in Jung Hong v Green Drake Pty Ltd examines how language barriers, distress, and ambiguous communication can transform what appears to be a resignation into an employer-initiated dismissal, creating potential liability under the Fair Work Act.

Acknowledge any issue and deal with it properly, rather than thinking it will go away on the expiration of the contract.

A childcare worker, who was dismissed for repeatedly refusing to get the flu vaccine, lost her unfair dismissal case.

Falsely claiming personal/carer's leave amounts to misconduct because it is a breach of an employee's duty of good faith.

Falsely claiming personal/carer's leave amounts to misconduct because it is a breach of an employee's duty of good faith.

This recent decision reassures employers that courts will back dismissals that involve obvious workplace misconduct.

Recent case provides a useful reminder about the importance of following due process when dismissing an employee.

The Industrial Relations Court of South Australia recently upheld the conviction of an employer who had taken over a business less than three months before a workplace accident which resulted in an employee being injured. A conviction was recorded against the employer despite the fact that upon purchasing the business the employer had conducted a full safety audit of the business's premises and equipment and had put in place a comprehensive process for updating and improving safety.

Reminder to employers of the importance of well-drafted, tailored policies and training modules with respect to sexual harassment in the workplace.