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  • Article

    Don't assume: Redeployment options in redundancies

    To downsize a workforce via redundancy, employers must follow due process to avoid unfair dismissal claims.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Employees beware of the side hustle

    FWC upheld a dismissal of a senior staff-member for taking up a secondary job because it contravened their contractual duties.
    AustraliaEmployment and HR
    Pointon Partners
    Pointon Partners
Article

Employer's belief at the time of termination doesn't mean there's a valid reason for the dismissal

When looking to dismiss an employee, it is imperative employers have a valid reason for the dismissal at the time of the dismissal.
AustraliaEmployment and HR
Clayton Utz
Clayton Utz
  • Article

    Fair Work Australia clarifies position - opportunity to apply for alternative employment is not redundancy

    On 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 HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Fair Work Commission upholds dismissal of unvaccinated aged care worker

    His unwillingness to comply with a government vaccination mandate left him with no capacity to perform his job.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    FWC decision reminds employees to update their contact details

    An employee's failure to update contact information did not warrant the FWC accepting his late unfair dismissal claim.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    It's All In The Timing (or Is It?) – Maximum Terms Contracts And Termination Of Employment

    In 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 HR
    Vincent Young
    Vincent Young
  • Article

    Jurisdiction of international companies with Australian-based employees under the spotlight

    This case raised some jurisdictional questions for international companies operating in Australia and the Fair Work Act.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Labor´s Promised IR Legislation Introduced Today: Fair Work Bill

    The 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 HR
    Clayton Utz
    Clayton Utz
  • Article

    Managing employee underperformance

    It requires preparation and understanding and the legal consequences of skipping those steps can be severe.
    AustraliaEmployment and HR
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    No 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 HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    No stoppage of work: Stand-down of employee unfair

    The employee was stood down in early May 2020, purportedly due to the impact of the COVID-19 pandemic on the business.
    AustraliaEmployment and HR
    People + Culture Strategies
    People + Culture Strategies
  • Article

    Public displays of dissatisfaction on social media - lessons for employers

    Workplace gripes voiced online can be grounds for termination, but FWA decisions about employee Facebook posts vary.
    AustraliaEmployment and HR
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Qantas acted illegally in sacking 1700 ground crew and outsourcing their jobs

    The High Court held that improving business efficiency was not the real and substantial reason for the Qantas actions.
    AustraliaEmployment and HR
    Stacks Law Firm
    Stacks Law Firm
  • Article

    Radio Gaga! FWC orders reinstatement of worker who used a two-way radio to make offensive comments to colleagues

    Employers need to be proactive in implementing their standards of workplace behaviour or risk an unfair dismissal claim.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Redundancy – the need to get it right and the risks of getting it wrong

    Considering making redundancies? You must engage in a thorough and considered consultation process with impacted employees!
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Reputational risk – FWC upholds dismissal of employee who breached stay-at-home orders

    If an employee's conduct is serious and has been substantiated, it can overcome deficiencies in procedural fairness.
    AustraliaEmployment and HR
    People + Culture Strategies
    People + Culture Strategies
  • Article

    Rooster or Duck? Navigating the Feather-Ruffling Confusion of Employee vs. Independent Contractor

    Updated Fair Work Act 2009 (FW Act) through the enactment of the Closing Loopholes Legislation.
    AustraliaEmployment and HR
    Matthews Folbigg Lawyers
    Matthews Folbigg Lawyers
  • Article

    Section 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 HR
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Social media termination still unfair, but next time may not be so lucky

    Employers must put social media policies in place and ensure that employees understand the requirements of the policies.
    AustraliaEmployment and HR
    Hunt & Hunt
    Hunt & Hunt
  • Showing 501–520 of 1100 results

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