ArticleWhat happens if a school fails to follow the correct processes when dismissing an employee?The correct processes should be followed when dismissing an employee.AustraliaEmployment and HRCooper Grace Ward
ArticleWhen can employees behave badly and get away with it?When they organise functions, employers must also consider how they are going to manage the behaviour of their staff.AustraliaEmployment and HRSwaab Attorneys
ArticleWhy method of employee dismissal needs to be reviewed by the CommissionThe FWC decision that most employee dismissals should be communicated in person may place small business owners at risk. AustraliaEmployment and HRWalter Baden
ArticleWork Choices - Rise in Discrimination Claims?While Work Choices will not have any direct effect on the operation of state and federal anti-discrimination laws, observers have suggested the new industrial relations reforms may indirectly lead to more discrimination-related claims.AustraliaEmployment and HRClayton Utz
ArticleEmployment Update – Significant increases in damages awarded by courts in sexual harassment, discrimination and adverse action claimsTwo recent judgments resulted in significant damages in claims of sexual harassment, discrimination and adverse action.AustraliaEmployment and HRHolman Webb
ArticleHigh Court clarifies scope of genuine redundancy under the Fair Work ActThe decision provides important guidance on how employers must approach redundancy decisions.AustraliaEmployment and HRBarry Nilsson
ArticleReef sceptic proves a poor poster boy for intellectual martyrdomJCU decided that the professor breached numerous obligations under its code of conduct and terminated his employment.AustraliaEmployment and HRMarque Lawyers
ArticleSacked for being vaxxedA NSW woman is seeking damages for unfair dismissal after she was allegedly fired for having the Covid-19 vaccination.AustraliaEmployment and HRSydney Criminal Lawyers
ArticleStop whingeing! - Which employment compliants could lead to an adverse action claim?Employers should assume that a broad range of expressions of discontentment could give rise to an adverse action claim.AustraliaEmployment and HRCorrs Chambers Westgarth
ArticleTermination of EmploymentEmployers must be able to justify the termination and explain why it is necessary.AustraliaEmployment and HRJB Solicitors
ArticleThe Effective End of Probationary Periods?Recent case gave rise to some interesting considerations in the interaction between general protections & unfair dismissal proceedings.AustraliaEmployment and HRSwaab Attorneys
ArticleWorker dismissal for protesting against vaccine mandates was lawful, Fair Work Commission findsThe employer claimed serious misconduct by attending the protest rally, for violating government stay-at-home orders.AustraliaEmployment and HRSydney Criminal Lawyers
ArticleEmployers must be very careful before dismissing an employee for misconduct – and always communicate changes in policies and procedures!This recent decision of the NSW IR Commission proves again that the employer must prove misconduct by the employee.AustraliaEmployment and HRCarroll & O'Dea
ArticleLabour hire employers: take care when dismissing casual employeesLabour hire employers can't always opt out of unfair dismissal laws by treating the host entity as the responsible party.AustraliaEmployment and HRHolding Redlich
ArticleSummary of dismissal decisionsOn 15 April 2008, the applicant was employed as a fish filleter by the respondent, a small business with less than 15 staff. He was terminated on the basis of redundancy, while on holidays in January 2010.AustraliaEmployment and HRMoray & Agnew
Article4 legitimate reasons to terminate an employeeWith a legitimate reason, a proper procedure, and quality legal advice, you can dismiss an employee with minimised risk.AustraliaEmployment and HRMDC Legal
Article5 key actions employers must take during the probationary period and the first 6 months of employmentIf you decide that your new hire isn't the right person for the job, it is almost always best to take action swiftly.AustraliaEmployment and HRWalter Baden
Article5 Key Changes To Employment Laws On 1 July 2019Each financial year, the Fair Work Commission's (FWC) Expert Panel for wage reviews undertakes it annual wage review and subsequently publishes its decisionAustraliaEmployment and HRVincent Young
ArticleA summary dismissal delayed is a summary dismissal denied by the Fair Work CommissionThe Fair Work Commission found that a summary dismissal could be rendered unfair, if not effected in a timely fashion.AustraliaEmployment and HRClayton Utz