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  • Article

    Finding of adverse action against pregnant employee, even though redundancy was genuine

    We discuss the case of Power v BOC Ltd & Ors [2017] FCCA1868.
    AustraliaReal Estate and Construction
    Holding Redlich
    Holding Redlich
  • Article

    New Deal Talking Points: New Details Emerge On Labour's Right To Switch Off

    Reports suggest that the new Labour government is considering introducing the ‘right to switch' off by way of a code of practice. How might this work in practice? And what can we learn from other countries?
    GlobalEmployment and HR
    Lewis Silkin
    Lewis Silkin
  • Article

    Dismissal for serious misconduct: When have you gone too far?

    Employers may feel justified in summarily dismissing employees when they make what is seen as a serious mistake that hurts their business, but the employer might be the one in the wrong.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Fair Work Commission criticises HR process for dismissal

    The dismissal was communicated insensitively and in an inappropriate way, considering the worker's mental health issues.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Harsh, unjust or unreasonable: is the unfair dismissal regime broken?

    We are familiar with the long standing approach of industrial tribunals in determining whether a dismissal was unfair.
    AustraliaEmployment and HR
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Multiple visits to place of work of a student may be a valid reason for dismissal

    This recent case discusses when a teacher's conduct outside school hours could be a valid reason for summary dismissal.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Lat­touf v ABC: The Cur­rent State of Play

    This is not an unfair dismissal case.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    To text or not to text (employee dismissal)? That is the question.

    Communicating an employee's dismissal other than via a face-to-face meeting is only to be used in 'rare circumstances'.
    AustraliaEmployment and HR
    Walter Baden
    Walter Baden
  • Article

    Month in review – Workplace culture matters

    This Month in Review considers recent workplace matters and employment law in the news and in the courts.
    AustraliaEmployment and HR
    Walter Baden
    Walter Baden
  • Article

    Argument with volatile colleague no reason for dismissal

    Employers should still be careful before using a new incident as justification to terminate an individual's employment.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Avoiding the long and winding road to employee termination

    Employees must respond in a timely manner to proposals of disciplinary action or termination of their employment.
    AustraliaEmployment and HR
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Behaving badly at work functions

    So what should employers do if an employee overindulges and lets fly with very inappropriate behaviour? .
    AustraliaEmployment and HR
    HHG Legal Group
    HHG Legal Group
  • Article

    Breaches of safety procedures: serious, but not serious misconduct?

    Unless the employee's breach of safety procedures was "wilful or deliberate", it may fall short of serious misconduct.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Can I get my job back after an unfair dismissal?

    Recent unfair dismissal case discussed. Full bench of FWC ordered reinstatement of employee.
    AustraliaEmployment and HR
    Hall Payne Lawyers
    Hall Payne Lawyers
  • Article

    Damages Awarded To Worker Dismissed For High Blood Pressure

    The Australian Tax Office was recently found, in proceedings alleging unlawful 'disability discrimination', to have unlawfully dismissed a worker whom the ATO believed (wrongly) suffered from high blood pressure.
    AustraliaEmployment and HR
    HopgoodGanim
    HopgoodGanim
  • Article

    Dismissal upheld, but employer criticised over handling of WHS obligations in relation to suicidal employee and referred to SafeWork NSW

    The employer was criticised by the Commission for allowing the employee to return to work after a suicidal incident.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Employee Found To Be Unfairly Dismissed Even Though He Breached Safety Rules

    It's unusual, but not impossible, for a fair and just termination for breaching safety rules to still be considered harsh.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Employee not entitled to demand flexible work arrangements

    An employee is entitled to request flexible work arrangements but they are not entitled to demand them. Recent case discussed.
    AustraliaEmployment and HR
    Madgwicks
    Madgwicks
  • Article

    Employee paid $1.3M for adverse action

    This recent adverse action case has demonstrated that day to day employment decisions can be a high stakes contest.
    AustraliaEmployment and HR
    ClarkeKann Lawyers
    ClarkeKann Lawyers
  • Article

    Employee who left work to obtain a medical certificate for an injury was dismissed for abandonment

    Employers should be very careful before terminating employment by reason of an employee's 'abandonment' of the role.
    AustraliaEmployment and HR
    Walter Baden
    Walter Baden
  • Showing 741–760 of 1100 results

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