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  • Article

    Six Month Probationary Period May Be Justified

    A recent decision of the Full Bench of the Australian Industrial Relations Commission (Commission) has highlighted the circumstances in which a probationary period of more than three months may be justified.
    AustraliaEmployment and HR
    Freehills
    Freehills
  • Article

    The potential cost of free labour: what makes an intern an employee?

    An intern arrangement must be structured as a vocational placement where the main purpose benefits the student or worker.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
Article

Thinking of downsizing your workforce? Make sure you get the consultation process right — Or redundancies could turn out to be unfair dismissals

An employer must comply with any obligation in a modern award or enterprise agreement to consult about the redundancy.
AustraliaEmployment and HR
Carroll & O'Dea
Carroll & O'Dea
  • Article

    Too Sick Too Long? What Constitutes A ‘fair’ Dismissal?

    When employers are confronted with employees who have been absent for prolonged periods, it may be appropriate to require and, in some circumstances, direct an employee to attend an independent medical examination (IME).
    AustraliaEmployment and HR
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    "Unfair" Sacking For Breaching Safety Rules!

    Courts and industrial tribunals have long held that serious breaches of safety rules are grounds for dismissal. A recent NSW case found that a dismissal for breaching a "cardinal rule" twice within three weeks was unfair, providing a reminder of the need to consider all the circumstances prior to terminating employment.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Valid Reason but Summary Dismissal found to be Unfair

    Adam Ramsay (previously known as Adam Attia) was employed by AVA as an IT professional from August 2008, on terms described in a common law employment contract drafted by a HR consultant with legal assistance. The applicant’s employment was terminated on 26 February 2010 for alleged "gross incompetence".
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    You can't do or say that – even in your own time!

    The case is a timely reminder for employees of how easily social media can bring out-of-hours conduct into the workplace.
    AustraliaEmployment and HR
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    The Esselte Case And The Reverse Onus Of Proof In Unlawful Termination Claims

    The dismissal of Mr Rojas came about as a result of several allegations against Mr Rojas which occurred during a period of protected industrial action conducted at Esselte's site at Minto.
    AustraliaEmployment and HR
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    A practical guide to warnings in the workplace

    A warning is a communication to an employee about their performance or conduct at work.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Can an employer refuse your resignation?

    Termination—by either party—is only valid if done according to the contract's termination clause and any applicable industrial instruments.
    AustraliaEmployment and HR
    Hall Payne Lawyers
    Hall Payne Lawyers
  • Article

    Can I be sacked on probation?

    What are your legal rights if you are sacked on probation?
    AustraliaEmployment and HR
    Stacks Law Firm
    Stacks Law Firm
  • Article

    Dismissal upheld due to medical incapacity

    Where medical evidence shows an employee is unable to safely perform their job requirements, dismissal on the grounds of incapacity may be a valid reason for termination.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Don't meddle with staff who engage in union activity at work

    The Full Court yesterday handed down a decision that hardens the test that employers must meet to defend claims that they have acted 'adversely' against staff who are performing activities as union officials.
    AustraliaEmployment and HR
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Facebook fury – a valid reason for dismissal

    Fair Work Australia has dismissed a claim made by an employee over an offensive Facebook comment.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Navigating The Application Of The Fair Work Act To Overseas Employees

    The Fair Work Commission's recent decision in David Sanderson v Brightest Australia Pty Ltd examines when Australian employment law applies to overseas workers...
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Social media policy legitimate for protection of employer interests

    Workplace policies and procedures have been widely adopted to prescribe acceptable standards of conduct for employees.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Terminate in haste........

    Terminating an employee on sick leave can be in contravention of FWA regulations and a recipe for legal proceedings.
    AustraliaEmployment and HR
    DibbsBarker
    DibbsBarker
  • Article

    Traversing the outer limits: jurisdiction of the Fair Work Commission over the employment relationship

    Recent case has arguably extended the potential range of protections for a certain class of employees. .
    AustraliaEmployment and HR
    Walter Baden
    Walter Baden
  • Article

    When can employment be terminated for absence from work due to injury or illness?

    Employers should be careful about termination of employment, if absence due to illness is supported by medical opinion.
    AustraliaEmployment and HR
    Thynne & Macartney
    Thynne & Macartney
  • Article

    Trade union found not to be a “competent administrative authority” per Article 5 of the Termination of Employment Convention 1982

    On appeal, the Full Court of the Federal Court of Australia overturned a decision that a trade union was a competent administrative authority as defined by Article 5 of the Termination of Employment Convention .
    GlobalEmployment and HR
    Curwoods Lawyers
    Curwoods Lawyers
  • Showing 581–600 of 1100 results

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