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  • Article

    Terminating an employee based on their inability to perform the inherent requirements of a job

    An employer must have a valid reason to terminate the employee, and the process followed must be procedurally fair.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Terminating employees on sick leave – can be a recipe for disaster.

    There is a presumption that if an employee was dismissed when on sick leave, the dismissal was due to the sick leave.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
Article

Termination of contract of employment: Can it lead to damages for psychiatric injury?

New avenue of damages for aggrieved employees where their employment has been wrongly terminated.
AustraliaEmployment and HR
Rostron Carlyle Rojas
Rostron Carlyle Rojas
  • Article

    To tweet or not to tweet? That was the question.

    Recent case highlights that dismissals must be justified, follow a fair process & be proportionate to the employee's conduct.
    AustraliaEmployment and HR
    Gilchrist Connell
    Gilchrist Connell
  • Article

    Uber Driver To Be Paid "Lost Pay" Following Unfair Deactivation

    The remedies available to employee-like workers of digital labour platform operators under the relatively new "unfair deactivation" provisions.
    AustraliaEmployment and HR
    Piper Alderman
    Piper Alderman
  • Article

    Uber, the gig economy and legislative change

    The lack of a "work–wages bargain" with respect to the Uber operations, meant that this Uber driver was not an employee.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Unfair dismissal and technology: terminated via text, email or facebook messenger

    2 cases help illustrate the danger of using remote methods of communication for termination & pre-termination conversations.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Unfair dismissal claim fails after employee refuses return to office direction

    Recent decision confirms employers can lawfully require workplace attendance & refusal may justify dismissal.
    AustraliaEmployment and HR
    Pointon Partners
    Pointon Partners
  • Article

    When Does The Probationary Period End?

    The Australian Industrial Relations Commission has recently considered the question of when a probationary period ends.
    AustraliaEmployment and HR
    HopgoodGanim
    HopgoodGanim
  • Article

    Airlines and unfair dismissal: Cases

    The case reinstated an employee dismissed for not complying with Virgin Australia's flight attendant grooming policies.
    AustraliaTransport
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Term Contracts: What You Need To Know

    A recent decision of a Full Bench of the Fair Work Commission (FWC) has opened the door to employees on maximum term contracts bringing unfair dismissal claims ...
    AustraliaEmployment and HR
    Dentons
    Dentons
  • Article

    Employees on term contracts given the green light to pursue unfair dismissal claims

    Employees on term contracts, or 'outer limit' contracts, now have greater prospects of claiming unfair dismissal.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Misconduct unaffected by medical condition

    Employees with psychological impairments are not protected from termination because of performance or misconduct issues.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    When size matters: "Small Business Employer" status

    This decision provides guidance to small businesses on when to include casual workers in the total number of employees.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Can an employee be dismissed based on their keyboard activity?

    FWC considers case where employee dismissed for misconduct on the basis of a report detailing her keyboard activity.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Employment Update "Unfair Dismissal Claims Limited Following A Sale Of Business"

    The former Federal Government's "WorkChoices" legislation made it much harder for sacked employees to bring unfair dismissals, and so far the Rudd Labor Government has not changed these limits on claims.
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Redundancy - a review of the obligations to comply, consult and redeploy

    This update explores an employer's obligations to comply, consult and redeploy, in light of several recent cases.
    AustraliaEmployment and HR
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Summary dismissal for aggressive behaviour

    The plaintiff's conduct was found to be serious misconduct and the dismissal was not harsh, unjust or unreasonable.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Unreasonable Management Action Must Contribute To The Onset Of Psychological Injury

    The decision by the QIRC in Glen Rowe and Q-Comp was overturned by the Queensland Industrial Court on 12 May 2009. This article sets out the reasons why the decision was overturned and a take-home message for employers dealing with psychological injuries with a variety of identified stressors.
    AustraliaEmployment and HR
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Whats up, doc? How to treat conflicting medical opinions during the dismissal of an employee

    Employers should consider all conflicting medical evidence, and give reasons for preferring one opinion over another.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Showing 521–540 of 1100 results

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