ArticleFinding of adverse action against pregnant employee, even though redundancy was genuineWe discuss the case of Power v BOC Ltd & Ors [2017] FCCA1868.AustraliaReal Estate and ConstructionHolding Redlich
ArticleNew Deal Talking Points: New Details Emerge On Labour's Right To Switch OffReports 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 HRLewis Silkin
ArticleDismissal 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 HRClayton Utz
ArticleFair Work Commission criticises HR process for dismissalThe dismissal was communicated insensitively and in an inappropriate way, considering the worker's mental health issues.AustraliaEmployment and HRCooper Grace Ward
ArticleHarsh, 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 HRBartier Perry Solicitors
ArticleMultiple visits to place of work of a student may be a valid reason for dismissalThis recent case discusses when a teacher's conduct outside school hours could be a valid reason for summary dismissal.AustraliaEmployment and HRCooper Grace Ward
ArticleLattouf v ABC: The Current State of PlayThis is not an unfair dismissal case.AustraliaEmployment and HRSwaab Attorneys
ArticleTo 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 HRWalter Baden
ArticleMonth in review – Workplace culture mattersThis Month in Review considers recent workplace matters and employment law in the news and in the courts.AustraliaEmployment and HRWalter Baden
ArticleArgument with volatile colleague no reason for dismissalEmployers should still be careful before using a new incident as justification to terminate an individual's employment.AustraliaEmployment and HRCooper Grace Ward
ArticleAvoiding the long and winding road to employee terminationEmployees must respond in a timely manner to proposals of disciplinary action or termination of their employment.AustraliaEmployment and HRBartier Perry Solicitors
ArticleBehaving badly at work functions So what should employers do if an employee overindulges and lets fly with very inappropriate behaviour? .AustraliaEmployment and HRHHG Legal Group
ArticleBreaches 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 HRClayton Utz
ArticleCan I get my job back after an unfair dismissal?Recent unfair dismissal case discussed. Full bench of FWC ordered reinstatement of employee.AustraliaEmployment and HRHall Payne Lawyers
ArticleDamages 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 HRHopgoodGanim
ArticleDismissal upheld, but employer criticised over handling of WHS obligations in relation to suicidal employee and referred to SafeWork NSWThe employer was criticised by the Commission for allowing the employee to return to work after a suicidal incident.AustraliaEmployment and HRCooper Grace Ward
ArticleEmployee Found To Be Unfairly Dismissed Even Though He Breached Safety RulesIt's unusual, but not impossible, for a fair and just termination for breaching safety rules to still be considered harsh.AustraliaEmployment and HRClayton Utz
ArticleEmployee not entitled to demand flexible work arrangementsAn employee is entitled to request flexible work arrangements but they are not entitled to demand them. Recent case discussed.AustraliaEmployment and HRMadgwicks
ArticleEmployee paid $1.3M for adverse actionThis recent adverse action case has demonstrated that day to day employment decisions can be a high stakes contest.AustraliaEmployment and HRClarkeKann Lawyers
ArticleEmployee who left work to obtain a medical certificate for an injury was dismissed for abandonmentEmployers should be very careful before terminating employment by reason of an employee's 'abandonment' of the role.AustraliaEmployment and HRWalter Baden