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  • Article

    Unfair Dismissals: What constitutes "unfair"?

    The cases below outline a number of reasons for which employees have been terminated, and the outcome of their unfair dismissal cases before the AIRC. The short reviews provide a useful indication of the thinking behind unfair dismissal outcomes!
    AustraliaEmployment and HR
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    What a shame it's a sham: using a sham redundancy to dismiss a difficult employee

    The case highlights the issues that can arise when defending against an adverse action claim in a redundancy context.
    AustraliaEmployment and HR
    Hunt & Hunt
    Hunt & Hunt
Article

Workplace relationships: The legal position (Coldplay concert edition)

Workplace relationships aren't banned, but conflicts of interest must be disclosed—especially where power dynamics or secrecy exist.
AustraliaEmployment and HR
Swaab Attorneys
Swaab Attorneys
  • Article

    Social media - a brisk stroll through the minefield

    While potential benefits of social media are undeniable, consideration should also be given to the risks for businesses.
    AustraliaMedia, Telecoms, IT, Entertainment
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Five employment law cases that shook the world: #4 - No redundancy consultation, no unfair dismissal

    Consultation would not have produced a different conclusion, so the dismissal was not unfair by the failure to consult.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    FWC Full Bench explains unfair dismissal compensation and deductions for misconduct

    The award of compensation was reduced from 16 weeks to 4 weeks, which included a deduction for the employee's misconduct.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Secret recording by employees: An own goal

    Secretly recording colleagues can prove fatal to an unfair dismissal application.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    #PoliticalCorrectnessGoneMad?#auspol employees on social media

    APS employers are taking an employee's political activity out of hours into account when making a termination decision.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Are you flying into danger with your workplace investigations?

    An employer must ensure that the investigative process is robust and that all involved are given procedural fairness.
    AustraliaEmployment and HR
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Caught red handed? Why employers should be careful about instant dismissal

    Any employer must be in a position to demonstrate that his or her immediate dismissal of the employee was not unfair.
    AustraliaEmployment and HR
    DibbsBarker
    DibbsBarker
  • Article

    Changing The Working Hours Of Employees With Family Responsibilities: What Not To Do

    An employer should consult and negotiate with employees before seeking to introduce changes to the terms and conditions of employment that may have the effect of impacting on an employee's family responsibilities.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Christmas party hijinks: a guide for employers

    Here is a guide for employers to help avoid the pitfalls and be fully prepared for any possible 'Christmas shenanigans'.
    AustraliaEmployment and HR
    Madgwicks
    Madgwicks
  • Article

    Dismissing a long-term employee for a safety breach: Key considerations for employers

    This decision highlights key considerations for employers, before terminating employment for breaching safety protocols.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    DV (Domestic violence) and job termination

    Employers should not to dismiss employees for their conduct outside of work if it does not affect their duties at work.
    AustraliaEmployment and HR
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Employer justified in dismissing employee for offensive and damaging email

    Employers should have stringent email and IT policies, and make employees aware of standards of conduct expected of them.
    AustraliaEmployment and HR
    Madgwicks
    Madgwicks
  • Article

    Employers should tread carefully when dealing with termination of employment of union delegates

    A recent decision highlights the need for employers to tread carefully when terminating the employment of union delegates.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Fair Work Commission - When will the Full Bench entertain an appeal?

    Article discusses case where the employee who was let go was a repeat offender so their termination was not considered "harsh".
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Fair Work Commission - When will the Full Bench entertain an unfair dismissal appeal?

    This decision offers insight into factors which bear upon whether the Full Bench of the FWC will entertain an appeal.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Federal Court finds employer took adverse action against employee

    The broad nature of adverse action provisions of the Fair Work Act 2009 (‘FWA’) have recently been highlighted by the Federal Court in <em>Barclay v The Board of Bendigo Regional Institute of Technical and Further Education</em> concerning employees who engage in industrial activities.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Flexibility and the Fair Work Act

    The Fair Work Act 2009 introduced new provisions designed to allow for flexibility in the workplace. Employers and employees can tailor modern awards and enterprise agreements in certain respects to suit their particular circumstances by using ’individual flexibility arrangements’ (IFAs). The National Employment Standards provide employees with children who are under school age, or who are disabled and under 18 years old, with the right to request flexible working arrangements. Extended parental
    AustraliaEmployment and HR
    HopgoodGanim
    HopgoodGanim
  • Showing 781–800 of 1100 results

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