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  • Article

    High expectations set for return to work of injured worker

    Employers must exercise caution when sending employees for a medical assessment and dismissing them on these grounds.
    AustraliaEmployment and HR
    National Retail Association
    National Retail Association
  • Article

    How not to performance manage employees working from home during COVID-19!

    Highlighting challenges of remote management, the FWC held that a salesperson working remotely was unfairly dismissed.
    AustraliaEmployment and HR
    Madgwicks
    Madgwicks
  • Article

How to make an employee redundant and avoid legal risk

Managers need to ensure proper process for redundancy is followed, to avoid unfair dismissal and adverse action claims.
AustraliaEmployment and HR
ClarkeKann Lawyers
ClarkeKann Lawyers
  • Article

    If you employ a worker for a particular project, can you terminate them at the end of that project?

    The fear of unfair dismissal claims haunts employers as they weigh up the decision of whether to hire a casual worker.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Importance of training your staff in your workplace policies

    Good policies and training staff in those policies could protect your business in the event of employment litigation.
    AustraliaEmployment and HR
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    In the dog house for callous unfair dismissal

    The WA IRC found that the employer had unfairly dismissed an employee in a manner that was described as "callous".
    AustraliaEmployment and HR
    People + Culture Strategies
    People + Culture Strategies
  • Article

    Increases To Minimum Wages And The High Income Threshold – Important Changes Regarding Wages In Effect From 1 July 2023

    From 1 July 2023, Australia's national minimum wage for adult employees increased from $812.60 per 38 hour week (or $21.38 per hour) to $882.80 per 38 hour week (or $23.23 per hour).
    AustraliaEmployment and HR
    L&E Global
    L&E Global
  • Article

    Is swearing by employees in the workplace acceptable?

    This recent FWC decision has some people asking whether the standards of behaviour expected of employees are changing.
    AustraliaEmployment and HR
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Just because HR carries out the dismissal doesnt mean it was done fairly

    Even if the reason for sacking is legitimate, if the sacking is unfair, the employer will be at risk of an unfair dismissal claim.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Michael Byrnes quoted in the article, "‘Creeping' unfair dismissal threshold will increase to $183k on 1 July", published in HR Leader on 27 June 2025

    Major changes will come into effect for workers and employers, including an increase to the unfair dismissal threshold.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    No magic escape for employer: Employee who released new book by J.K. Rowlings found to be unfairly dismissed

    The Commission did not accept that the Employee was given an opportunity to respond to the reasons for his dismissal.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Nurse awarded $350,000 in compensation plus penalties following successful adverse action and discrimination claims

    The case reinforces the critical importance of procedural fairness and of understanding protected attributes and workplace rights during disciplinary and termination processes.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Offensive posts on personal social media accounts can get you sacked – some people still do not get it…

    Employers must ensure that a social media policy expressly (but reasonably) applies to out-of-hours conduct of employees.
    AustraliaEmployment and HR
    Gilchrist Connell
    Gilchrist Connell
  • Article

    Physiotherapist recognised as an employee – free to pursue unfair dismissal claim

    This case may have implications for all healthcare providers who divide their time between several separate practices.
    AustraliaEmployment and HR
    Pointon Partners
    Pointon Partners
  • Article

    Poor performance management = Poor defence to unfair dismissal claim

    An employer will have difficulty with a defence to an unfair dismissal claim after a poor performance management process.
    AustraliaEmployment and HR
    Madgwicks
    Madgwicks
  • Article

    "Procedural fairness free zone" for termination of employment of possible sex offender

    Fair Work Australia has held that the termination of a casual worker's employment was unfair on the basis that the employee was not provided with reasonable opportunity to respond to the employer’s concerns about criminal proceedings against him relating to sex offences before his employment was terminated.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Reinstatement of dismissed employees – Can it really happen?

    This case demonstrates an instance where the Commissioner could use his or her discretion to order reinstatement.
    AustraliaEmployment and HR
    Thynne & Macartney
    Thynne & Macartney
  • Article

    Removal from WhatsApp groups used for rostering can amount to dismissal

    A simple admin change on WhatsApp may expose employers to unfair dismissal claims.
    AustraliaEmployment and HR
    Gilchrist Connell
    Gilchrist Connell
  • Article

    Sacking an employee who criticises your client is not unfair dismissal, says Federal Court

    The Court upheld the firm's right to dismiss the employee, who refused to follow the employer's management direction.
    AustraliaEmployment and HR
    Stacks Law Firm
    Stacks Law Firm
  • Article

    Sham redundancy used to remove employee

    The Federal Court recently fined the RMIT $37,000 and ordered it to reinstate an academic for using a sham redundancy.
    AustraliaEmployment and HR
    ClarkeKann Lawyers
    ClarkeKann Lawyers
  • Showing 561–580 of 1100 results

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