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An employee who threatened his manager with "another Columbine" was held to have been fairly dismissed.

APS employees are not protected by an implied right to freedom of political expression, so could face disciplinary action.

Employers should exercise discretion in choosing to dismiss employees for being absent on their office days.

Financial penalties for employer regarding unfair dismissal of employee.

A NSW police officer won a five year battle to regain his job, after a battle that has cost $500,000 in legal costs.

An underperforming employee may succeed in an unfair dismissal claim if the performance management process is flawed.

Planking is one of the newest challenges facing employers.

The value of a business is typically measured by its goodwill, assets and ability to retain staff. In order to preserve and protect this value, it is important that employers include suitable confidentiality and restraint of trade clauses in their employees contracts of employment.

Two recent decisions of the Australian Industrial Relations Commission have resulted in significant levels of compensation paid to former employees in circumstances where matters of the employees' privacy were central to the question of fairness during the dismissal process.

The Fair Work Commission's Full Bench has confirmed that employers of all sizes, including small businesses, must meaningfully consult with employees before making redundancy decisions. This landmark ruling clarifies that consultation obligations apply universally and that failure to provide genuine consultation before an irreversible dismissal decision can defeat a 'genuine redundancy' defence in unfair dismissal claims.

Strict adherence to safety rules required, even in context of 15 year employee with good record,

A recent case demonstrates that it is worth challenging cases of unfair dismissal.

Several cases where employees were dismissed for misconduct involving swearing provide guidance on the law in this area.

The applicant commenced employment as a casual storeperson. The applicant injured his back at work in May 2009 and aggravated the injury in February 2010. The respondent formed the view that the applicant had been deliberately untruthful in his representation of capacity for work including to treating doctors, and that as a result, he obtained compensation to which he was not entitled.

There are situations where Councils could consider a reasonable request of employees to reduce or change work hours.

Fair Work Australia has upheld Dairy Farmers’ dismissal of seven employees who were found to be trafficking inappropriate emails in the workplace in breach of company policy.

Allan John Button v J Boag & Son Brewing Pty Ltd [2010] FWA 148 highlights the importance of carefully considering what the inherent requirements of a job are, before terminating an employee’s employment on the basis they can’t perform them. It also emphasises the importance of considering what the role actually is if the employee has been performing modified duties for an extended period