ArticleDon't assume: Redeployment options in redundanciesTo downsize a workforce via redundancy, employers must follow due process to avoid unfair dismissal claims.AustraliaEmployment and HRHolding Redlich
ArticleEmployees beware of the side hustleFWC upheld a dismissal of a senior staff-member for taking up a secondary job because it contravened their contractual duties.AustraliaEmployment and HRPointon Partners
ArticleFair Work Australia clarifies position - opportunity to apply for alternative employment is not redundancyOn 7 September 2009 the Construction, Forestry, Mining and Energy Union – Mining and Energy Division (the CFMEU) lodged applications on behalf of ten employees alleging that the termination of their employment by Ulan Coal Mines Limited (Ulan) on or around 25 August 2009 was unfair.AustraliaEmployment and HRMoray & Agnew
ArticleFair Work Commission upholds dismissal of unvaccinated aged care workerHis unwillingness to comply with a government vaccination mandate left him with no capacity to perform his job.AustraliaEmployment and HRHolding Redlich
ArticleFWC decision reminds employees to update their contact detailsAn employee's failure to update contact information did not warrant the FWC accepting his late unfair dismissal claim.AustraliaEmployment and HRHolding Redlich
ArticleIt's All In The Timing (or Is It?) – Maximum Terms Contracts And Termination Of EmploymentIn a case involving Mondelez (Company), the Fair Work Commission (FWC) has found that an employee who was engaged in eight maximum term contracts over two and half years ...AustraliaEmployment and HRVincent Young
ArticleJurisdiction of international companies with Australian-based employees under the spotlightThis case raised some jurisdictional questions for international companies operating in Australia and the Fair Work Act.AustraliaEmployment and HRHolding Redlich
ArticleLabor´s Promised IR Legislation Introduced Today: Fair Work BillThe Federal Government's long-expected Fair Work Bill 2008 (Cth) has now been introduced into Federal Parliament, with certain elements expected to take effect from 1 July 2009.AustraliaEmployment and HRClayton Utz
ArticleManaging employee underperformanceIt requires preparation and understanding and the legal consequences of skipping those steps can be severe.AustraliaEmployment and HRSparke Helmore Lawyers
ArticleNo fighting on the job – but what of the fight for reinstatement...?The decision reinstated the worker but did not order any back pay (thus imposing a penalty of months of loss of pay). AustraliaEmployment and HRCarroll & O'Dea
ArticleNo stoppage of work: Stand-down of employee unfairThe employee was stood down in early May 2020, purportedly due to the impact of the COVID-19 pandemic on the business.AustraliaEmployment and HRPeople + Culture Strategies
ArticlePublic displays of dissatisfaction on social media - lessons for employersWorkplace gripes voiced online can be grounds for termination, but FWA decisions about employee Facebook posts vary.AustraliaEmployment and HRColin Biggers & Paisley
ArticleQantas acted illegally in sacking 1700 ground crew and outsourcing their jobsThe High Court held that improving business efficiency was not the real and substantial reason for the Qantas actions. AustraliaEmployment and HRStacks Law Firm
ArticleRadio Gaga! FWC orders reinstatement of worker who used a two-way radio to make offensive comments to colleaguesEmployers need to be proactive in implementing their standards of workplace behaviour or risk an unfair dismissal claim.AustraliaEmployment and HRClayton Utz
ArticleRedundancy – the need to get it right and the risks of getting it wrongConsidering making redundancies? You must engage in a thorough and considered consultation process with impacted employees!AustraliaEmployment and HRColeman Greig Lawyers
ArticleReputational risk – FWC upholds dismissal of employee who breached stay-at-home ordersIf an employee's conduct is serious and has been substantiated, it can overcome deficiencies in procedural fairness.AustraliaEmployment and HRPeople + Culture Strategies
ArticleRooster or Duck? Navigating the Feather-Ruffling Confusion of Employee vs. Independent ContractorUpdated Fair Work Act 2009 (FW Act) through the enactment of the Closing Loopholes Legislation.AustraliaEmployment and HRMatthews Folbigg Lawyers
ArticleSection 11A(1): Reasonable actions of employer - Does the workers perception matter?A worker's perception of events will not ordinarily be relevant to determining if an employer's actions were reasonable.AustraliaEmployment and HRBartier Perry Solicitors
ArticleSocial media termination still unfair, but next time may not be so luckyEmployers must put social media policies in place and ensure that employees understand the requirements of the policies.AustraliaEmployment and HRHunt & Hunt