ArticleThe flip side of the Great ResignationThe law on unfair dismissal for not coming to the office is uncertain. 3 recent cases deliver different outcomes.AustraliaEmployment and HRHolding Redlich
ArticleUnfair Contract Terms: New Avenues for Independent Contractors to Pursue ClaimsChanges enable independent contractors who earn below the high income threshold to dispute unfair contract terms.AustraliaEmployment and HRPointon Partners
ArticleWhat exactly is unfair dismissal from your employment?Unfair dismissal occurs when an employee's dismissal from employment is considered harsh, unjust or unreasonable. AustraliaEmployment and HRMDC Legal
ArticleCan a casual employee make a claim for unjustified dismissal in New Zealand?NZ employers should ensure well-drafted casual employment agreements outline the details of an employee's working hours.AustraliaEmployment and HRLegalVision
ArticleFoodora delivery rider classed as an employee wins unfair dismissal caseThis decision has implications for all who engage independent contractors, not just those operating in the gig economy.AustraliaEmployment and HRColin Biggers & Paisley
ArticleLabour hire and unfair dismissals – Is a dismissal unfair if the host employer excludes the employee?The Commission will look at all the circumstances of a case, as are relevant, to determine whether a dismissal is unfair.AustraliaEmployment and HRThynne & Macartney
ArticleAvoiding Unfair Dismissal In Schools: When Does Teacher Discipline Cross The Line?Two recent Fair Work Commission decisions clarify the boundaries of acceptable teacher conduct when disciplining students, with one dismissal upheld for physical contact and another overturned as unfair. These cases provide crucial guidance for schools navigating staff discipline while managing unfair dismissal risks. AustraliaEmployment and HRCooper Grace Ward
ArticleCommission rules on roo-pudiationOnce a benefit of employment becomes an established feature of a role, employers may not be able to withdraw it without agreement.AustraliaEmployment and HRHolding Redlich
ArticleConstructive dismissal – when is a resignation not a resignation?These cases illustrate what employers need to be aware of when considering constructive dismissal in their workplace.AustraliaEmployment and HRMadgwicks
ArticleDismissals of badly behaved employees declared unfair by fair work commission.3 Cases show that even when employees behave badly, employers need to follow protocol throughout the termination process.AustraliaEmployment and HRWalter Baden
ArticleDismissing an employee? Don't be harsh, unreasonable or unjustEffectively managing an employee's workplace performance and conduct will reduce the risk of an unfair dismissal claim.AustraliaEmployment and HRBartier Perry Solicitors
ArticleE-Alert: Employment & WHS – Changes to important employment-related financial thresholds 2017This is a checklist of changes to important employment-related monetary thresholds, which are indexed annually on 1 July.AustraliaEmployment and HRBroadley Rees Hogan Lawyers
ArticleEmployees engaged in lawful industrial activity aren't immune from adverse action, says High CourtAn employee whose actions while on a stop-work protest breached his employer's Code of Conduct was dismissed lawfully.AustraliaEmployment and HRClayton Utz
ArticleEmployer unfairly dismissed employee due to wrong view on student visaThis employee, who was suspended without pay when she breached the conditions of her visa, was held unfairly dismissed.AustraliaEmployment and HRMDC Legal
ArticleFair Work Commission orders compensation for distressing employment terminationDiscussion of recent case where employees were awarded compensation for distressing employment termination.AustraliaEmployment and HRHolding Redlich
ArticleFingerprint scanning: A lawful and reasonable direction?An employee was unfairly dismissed for refusing to follow an order to log in and out of work using a fingerprint scanner.AustraliaEmployment and HRWalter Baden
ArticleFour lessons employers need to know about terminating employment over personal social media postsBoth employees and employers need to be mindful of where to draw the line between private and public communication.AustraliaEmployment and HRColeman Greig Lawyers
ArticleFWC Full Bench to consider the meaning of dismissed – an important decision for employersA demotion involving a significant reduction in pay may constitute dismissal, so employees could claim unfair dismissal.AustraliaEmployment and HRCooper Grace Ward
ArticleHave you been forced to resign - Constructive Dismissal?A forced resignation occurs when an employer threatens to terminate your employment if you refuse to resign.AustraliaEmployment and HRWalter Baden