ArticleCan A Casual Employee Make A Claim For Unfair Dismissal?As an employer, you are probably aware that your permanent employees can make unfair dismissal claims. AustraliaEmployment and HRLegalVision
ArticleCar allowance decision drives unfair dismissal accessThe case considered the issue of car allowances to determine the annual rate of earnings for unfair dismissal purposes.AustraliaEmployment and HRSwaab Attorneys
ArticleChild care costs payable as compensation for unfair dismissalFWA accepted that additional child care costs when looking for and taking up new employment could be taken into account.AustraliaEmployment and HRGadens Lawyers
ArticleContract of Employment v Relationship of Employment – A Double Edged Sword?The Fair Work Act 2009 (the Act) introduced many changes to the law affecting employers and employees. AustraliaEmployment and HRNorton Rose Fulbright Australia
ArticleCosts ruling might impact future adverse action claimsThe case challenges the view that adverse action claims are effectively "no costs" matters under the Fair Work Act.AustraliaEmployment and HRClayton Utz
ArticleExtension Of Time For FWC Unfair Dismissal ApplicationsIt is very important to note that 21 days is counted from the day after termination of employment takes effect. AustraliaEmployment and HRClyde & Co
ArticleFocus on unfair dismissal – harsh to dismiss, however reinstatement not appropriate due to employers loss of trust and confidence in employeeWe discuss Paul Johnson v BHP Billiton Olympic Dam Corporation Pty Ltd [2017] FWC 4097.AustraliaEmployment and HRCooper Grace Ward
ArticleGet The "jab" – Mandatory COVID-19 Vaccination For Employees?With the COVID-19 vaccine rollout starting in Australia, organisations are considering whether or not they are able to mandate that their employees get vaccinated.AustraliaEmployment and HRVincent Young
ArticleHow will the changes to the Fair Work Act affect employers?Employers should be aware of the changes of the Fair Work Amendment Act to unfair dismissal and enterprise agreements.AustraliaEmployment and HRClayton Utz
ArticleI resign versus I will hand in my notice - there is a differenceUseful guidelines to deal with situations where it is uncertain as to whether the employee has actually resigned.AustraliaEmployment and HRGilchrist Connell
ArticleMaintaining legal professional privilege over investigation material: Lessons for employersThe FWC upheld a claim for privilege over investigation documents sought by an employee in unfair dismissal proceedings.AustraliaEmployment and HRHolding Redlich
ArticleMonthly Update—Australian Labour & Employment - January 2019In this edition of the Update, we first report on new legislation passed in respect of modern slavery, review of Modern Awards and report on the introduction of domestic violence leave into the National Employment Standards ("NES"). AustraliaEmployment and HRJones Day
ArticleNo remedy for mine workers who lost jobs after refusing to move interstateCosts of relocation were not relevant in these unfair dismissal claims, when relocation was authorised in the contracts.AustraliaEmployment and HRHall Payne Lawyers
ArticleProtecting your brand – Are you able to terminate an employee on account of their social media posts?The circumstances in which an employee can be dismissed as a result of a social media post are not often straight forward.AustraliaEmployment and HRColeman Greig Lawyers
ArticleSnatching defeat from the jaws of victory – lessons from recent unfair dismissal decisionsDespite a valid reason for the dismissal of an employee, a range of other factors could lead to a finding of unfairness.AustraliaEmployment and HRCorrs Chambers Westgarth
ArticleThe evolving employment relationship: key changes employers need to knowReforms aim to address various ALP pre-election promises relating to employment law.AustraliaEmployment and HRWalter Baden
ArticleThe Full Bench Of The Australian Industrial Relations Commission Recently Handed Down A Landmark Ruling On The Genuine Operational Reasons Exemption For Unfair Dismissal Claims.This Employment Update follows on from our update in November 2006 concerning the exclusion of employees whose employment was terminated for general operational reasons from making unfair dismissal claims.AustraliaEmployment and HRDLA Piper Australia
ArticleThe High Court Says Yes To The Work Choices LegislationOn Tuesday, 14 November the High Court handed down its 401 page Judgment on the States’ challenge to the Work Choices legislation. A majority of 5:2 supported the validity of the Act.AustraliaEmployment and HRDLA Piper Australia
ArticleThe Virgin look book: can you control the appearance of your employees?One issue commonly faced by employers is getting employees to comply with dress and grooming standards.AustraliaEmployment and HRSwaab Attorneys