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  • Article

    Forced To Quit? The Hidden Cost Of Poor Investigations.

    This decision is a timely reminder for employers to properly manage workplace complaints, particularly around bullying and harassment.
    AustraliaEmployment and HR
    Clifford Gouldson Lawyers
    Clifford Gouldson Lawyers
  • Article

    Full Bench of the Fair Work Commission confirms the meaning of dismissed in unfair dismissal cases

    Employers with a right to demote employees will not be exposed to unfair dismissal claims if they properly exercise that right.
    AustraliaEmployment and HR
    McCullough Robertson
    McCullough Robertson
Article

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

The unfair dismissal scheme needs refinement to deal robustly and decisively with inappropriate behaviours in workplaces.
AustraliaEmployment and HR
Bartier Perry Solicitors
Bartier Perry Solicitors
  • Article

    High Court rules on social media and free speech

    Employees can have opinions, but they should consider contractual and/or statutory obligations before posting online.
    AustraliaEmployment and HR
    MDC Legal
    MDC Legal
  • Article

    Important unfair dismissal lessons: The legacy of Crackers, the galah

    The case, as unusual as its facts are, provides lessons for employers when considering whether to dismiss an employee.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Procedural fairness and communication issues when terminating injured workers

    A recent decision by Fair Work Australia (FWA) highlighted the need for employers to clearly communicate with injured workers and ensure that they are afforded procedural fairness when dealing with issues of reinstatement.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Redundancy - defending claims for unfair dismissal

    The process for exiting employees must comply with relevant statutory requirements to defend claims for unfair dismissal.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Reinstatement a real risk if you treat employee safety breaches differently

    Because safety policies were applied inconsistently, Jetstar had to reinstate an engineer who committed safety breaches.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Rights of bankrupt employees limited - 2 November 2012

    A Court recently held that an undischarged bankrupt was unable to seek compensation for unlawful dismissal.
    AustraliaEmployment and HR
    HopgoodGanim
    HopgoodGanim
  • Article

    The death of a pet: An argument for unfair dismissal?

    A worker should always be given an opportunity to respond or explain their behaviour before a termination occurs.
    AustraliaEmployment and HR
    Thynne & Macartney
    Thynne & Macartney
  • Article

    The High Cost of Inadequate Investigation and Unsatisfactory Corporate Culture: Sharma v Bibby Financial Services Australia Pty Ltd [2012] NSWSC 1157

    This case concerned the termination of a senior executive's employment following allegations of sexual harassment.
    AustraliaEmployment and HR
    People + Culture Strategies
    People + Culture Strategies
  • Article

    The mechanics of dismissal – Could the demotion of an employee lead to an unfair dismissal claim?

    As a result of the wording of the Act, the demotion of an employee, who still remains employed, may constitute dismissal.
    AustraliaEmployment and HR
    Thynne & Macartney
    Thynne & Macartney
  • Article

    Dismissal for dissent?

    Recent case guides the extent to which employees can "dissent" from the employer on matters that are the subject of political debate.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Former Uber Eats courier paid $400,000 in out-of-court settlement

    Whether a worker is an employee or contractor is an increasingly blurred question, particularly in the gig economy.
    AustraliaEmployment and HR
    Stacks Law Firm
    Stacks Law Firm
  • Article

    Is change ahead? The future of procedural fairness in unfair dismissal claims

    The Productivity Commission's Report noted that further reform was required in relation to the unfair dismissal regime.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Landmark adverse action case: Barclay v Bendigo

    Joe Catanzariti explains the landmark adverse action decision in Barclay v Bendigo TAFE to Boardroom Radio
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Who gives a Flying Folau? – Employment law, social media and termination

    Employers should ensure that staff are aware of how their conduct outside work can impact on their contract obligations.
    AustraliaEmployment and HR
    Surry Partners
    Surry Partners
  • Article

    WorkChoices Update

    During the ALP National Party Conference, the ALP released further details of its Industrial Relations Policy, Forward with Fairness.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Alleged child sex abuse in schools and termination of employment

    Employers should proceed with caution until this area of employment law is settled to avoid any unfair dismissal claims.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    But I changed my mind... — When a verbal settlement agreement is binding

    Parties must make it clear in a negotiation if they do not intend to make a concluded bargain until they sign a deed.
    AustraliaEmployment and HR
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Showing 801–820 of 1100 results

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