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  • Article

    Navigating workplace investigations: a quick guide for employers

    Explores the investigation process, starting from appointing a suitable investigator to drawing conclusions from evidence.
    AustraliaEmployment and HR
    MDC Legal
    MDC Legal
  • Article

    New Jurisdictional Hurdle – How High Must Employers Jump To Clear The ‘Genuine Operational Reasons’ Requirement?

    Under Work Choices there are new jurisdictional requirements which impact unfair dismissal claims. One of the jurisdictional requirements introduced is to exclude employees whose employment was terminated for genuine operational reasons or for reasons that include genuine operational reasons.
    AustraliaEmployment and HR
    DLA Piper Australia
    DLA Piper Australia
Article

Recent dismissal decision highlights the relevance of online networking to the employment relationship

A recent decision of Commissioner Thatcher has demonstrated that an employee’s out of hours online activities can justify dismissal. This follows a series of cases involving Facebook, where employees have used the site to complain about their employers.
AustraliaEmployment and HR
Moray & Agnew
Moray & Agnew
  • Article

    Restructure Of Business And Redundancy – Evidence Of Operational Reasons For Dismissal

    Unfair dismissal applications may involve the threshold issue whether dismissal is for "operational reasons". The Workplace Relations Act 1996 (Cth) specifically says in section 643(8) that an application for unfair dismissal must not be made if the grounds for termination are "genuine operational reasons" or "reasons that include genuine operational reasons".
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Round up of key employment law and related tax changes for the 2015/16 financial year

    The new financial year will bring changes to minimum wage rates, unfair dismissal regulations and various tax charges.
    AustraliaEmployment and HR
    HopgoodGanim
    HopgoodGanim
  • Article

    Successive short-term contracts – Is it continuous employment?

    For these facts, successive short-term contracts over a period of 2.5 years were found not to be continuous employment.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Supermarket Employee Receives Valid Dismissal

    The Australian Industrial Relations Commission recently upheld a decision by Coles to terminate an employee who was unable to perform the inherent requirements of his position.
    AustraliaEmployment and HR
    HopgoodGanim
    HopgoodGanim
  • Article

    Unfair dismissal: sacking of employee who warned employer she had overindulged deemed to be harsh

    The Fair Work Commission found that the dismissal was "harsh", and ordered the company to pay her $8229 in compensation.
    AustraliaEmployment and HR
    Stacks Law Firm
    Stacks Law Firm
  • Article

    Weighty unfair dismissal questions answered in Jenny Craig appeal

    A recent Fair Work Australia decision answered questions which determine whether an employee may claim unfair dismissal.
    AustraliaEmployment and HR
    DibbsBarker
    DibbsBarker
  • Article

    What Is Constructive Dismissal?

    Constructive dismissal, in effect forced resignation, is generally poorly understood.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    When one time is one time too many: Serious safety breaches lead to fair dismissal

    The FWC upheld an employer's decision to dismiss an employee who had breached a cardinal safety rule in the workplace.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Workplace investigations require thorough examination and care

    Where employers have limited investigative experience, skilled advice could minimise expenses and reputational damage.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    You are fired! Recent cases highlight the dangers of posting on social media

    Employers need to be very careful when deciding whether to dismiss an employee for their posts on social media.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Fair Work Commission criticises HR model and dealings with employees suffering mental illness

    Decisions about performance and dismissal must be communicated respectfully, and in a way that maintains human dignity.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Lying on your CV – It may be tempting, but do not do it

    You could be fired or face court for fraud, if you have lied or even just exaggerated on your resume.
    AustraliaEmployment and HR
    Stacks Law Firm
    Stacks Law Firm
  • Article

    Offensive language within the workplace: When does it cross the line?

    Employers should have well-defined policies to outline standards of conduct expected of employees within the workplace.
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Recent unfair dismissal cases: lessons and reminders

    These are important lessons and reminders compiled from recent unfair dismissal decisions of the Fair Work Commission.
    AustraliaEmployment and HR
    Madgwicks
    Madgwicks
  • Article

    Safety first – employee methamphetamine use outweighs procedure fairness

    Fair Work Commission has upheld the dismissal of an employee.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Sex worker claims unfair dismissal by brothel – but was she an employee? Which case won?

    For an unfair dismissal remedy, the FWC first had to decide if she was an employee or an independent contractor.
    AustraliaEmployment and HR
    Stacks Law Firm
    Stacks Law Firm
  • Article

    Sexually inappropriate texts to co-workers a valid reason for dismissal: Co-workers not required to tell employee to stop

    An employee does not have to tell a co-worker to stop behaving in a certain way for the behaviours to be misconduct.
    AustraliaEmployment and HR
    Walter Baden
    Walter Baden
  • Showing 681–700 of 1100 results

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