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  • Article

    Senior employees and managers cry adverse action! at every turn

    This article provides examples of senior employees who unsuccessfully claimed they were subjected to adverse action.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Termination Of Employees For Breach Of OH&S Policies – Mixed Signals From Fair Work Australia

    Some recent judgments of the Full Bench of Fair Work Australia (FWA) demonstrate support for employers by endorsing the termination of employees who fail to adhere to safe workplace policies.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
Article

The $5.2 million adverse action mistake

Having a thorough investigation process should protect an employer from any adverse action claim, if one is made.
AustraliaEmployment and HR
Coleman Greig Lawyers
Coleman Greig Lawyers
  • Article

    Tis The Season To Be Behaving Badly

    Prudent employers ought to implement steps and measures to prevent bad behaviour in the festive season.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Unfair dismissal claim by 457 visa holders fails on jurisdictional grounds

    Employment and immigration law cross paths.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Landmark US Sex Discrimination Case Settled

    Recent sex discrimination cases in the US and the UK have received widespread press coverage in Australia. What were they all about, and could this happen in Australia?
    AustraliaStrategy
    Clayton Utz
    Clayton Utz
  • Article

    Employees & the employer position on the Voice in Parliament

    It would be unreasonable to require workers to choose between personal beliefs and corporate opinion without good reason.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Summoning Spells, Safety And Serious Misconduct – Lessons For Employers

    When an employee arranged rubber ducks in a pentagram formation as a workplace prank, her employer swiftly terminated her employment for alleged bullying and workplace safety concerns. The Fair Work Commission examined whether this hasty dismissal was justified, revealing critical lessons about balancing health and safety obligations with fair disciplinary procedures.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Sydney lawyer allegedly sacked for refusing to lie

    A corporate lawyer alleges he was terminated from a position as senior legal adviser for refusing to lie in an affidavit.
    AustraliaEmployment and HR
    Sydney Criminal Lawyers
    Sydney Criminal Lawyers
  • Article

    Can I terminate a labour hire employee when the client no longer wants them on a project?

    A recent FWC decision supported an employer who terminated a labour hire employee when his contract was frustrated.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Can you dismiss an employee for a Facebook post?

    In brief – Postings on social media can have consequences for employees An employee who thinks that they may say what they want about their employer on Facebook with total immunity from consequences is foolish, according to Fair Work Australia (FWA).
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Changes commence to unfair dismissal, general protections, enterprise bargaining, and Dad and Partner Pay

    This article explains what employers need to do to ensure that they comply with these changes to the Fair Work Act.
    AustraliaEmployment and HR
    HopgoodGanim
    HopgoodGanim
  • Article

    Court Limits Damages Arising From Employee Common Law Contract Claims

    An important decision by the New South Wales Court of Appeal provides some reassurance to employers concerned about a rising number of employee claims based on implied contractual duties.
    AustraliaEmployment and HR
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Dismissed for alleged harassment: a total slap in the face

    This case highlights that employers continue to face a high bar when deciding to dismiss an employee for misconduct.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    Good humour, bad taste: Can an inappropriate joke lead to an employee's dismissal?

    An inappropriate joke in the workplace severed the foundation of trust and confidence in the employment relationship.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    How formal does performance management need to be?

    Formal written warnings and performance improvement plans are not essential to prove that a dismissal is fair.
    AustraliaEmployment and HR
    MDC Legal
    MDC Legal
  • Article

    Is getting drunk at a work function a sackable offence?

    Employers need to be extremely carefully if they are contemplating summarily terminating the employment of an employee.
    AustraliaEmployment and HR
    Thynne & Macartney
    Thynne & Macartney
  • Article

    New school technology, old school principles: process still fundamental in social media age

    Despite the crude statement on Facebook, the Fair Work Commission found that the termination was harsh and unreasonable.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Article

    NSW Government Bulletin - High Court to decide: Are decisions by the NSW Police Commissioner exempt from unfair dismissal?

    This case raises interesting questions of statutory interpretation, and the High Court will consider the matter.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Twitter cost me my job - the risks of discussing employment online

    Recent case where a worker lost her job remind employers and employees of the perils of social media.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Showing 881–900 of 1100 results

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