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  • Article

    The stats do not lie - Fair Work Commission releases financial year reports

    This summarises the findings, highlighting certain developments in the unfair dismissal and anti-bullying jurisdictions.
    AustraliaEmployment and HR
    Sparke Helmore Lawyers
    Sparke Helmore Lawyers
  • Article

    Tram Conductor Reinstated After Being Dismissed for Assaulting a Passenger

    In a recent unfair dismissal application, Fair Work Australia (FWA) has reinstated a tram conductor and ordered his employer pay six months back pay after an altercation with a passenger who was preventing a tram from leaving a platform.
    AustraliaEmployment and HR
    Gadens Lawyers
    Gadens Lawyers
Article

When is an employee’s absence enough to justify dismissal?

When does an employee's absence from work reach a point where an employer can consider ending the employment?
AustraliaEmployment and HR
DLA Piper Australia
DLA Piper Australia
  • Article

    Who Signs The Termination Letter Matters – The Importance Of The Decision-maker

    The Full Federal Court's decision in Totino v Metro Trains Melbourne clarifies how employers can successfully defend general protections claims when dismissing employees who have made workplace complaints or workers compensation claims. The case establishes critical principles about who must give evidence, the distinction between advisers and decision-makers, and why proper documentation of the decision-making process is essential for employers facing the reverse burden of proof.
    AustraliaEmployment and HR
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Why Is Probation Still An Issue?

    A significant number of decisions by the Australian Industrial Relations Commission (AIRC) still concern whether an employee was excluded from making an unfair dismissal application because they were on probation.
    AustraliaEmployment and HR
    Moray & Agnew
    Moray & Agnew
  • Article

    Reasonable to rely on ATAGI: Fair Work Commission considers reasonableness of workplace vaccination policy in an unsuccessful unfair dismissal application

    An employee's failure to follow a lawful and reasonable direction provides an employer with a valid reason for dismissal.
    AustraliaEmployment and HR
    Piper Alderman
    Piper Alderman
  • Article

    Round up of key employment law and tax changes for the 2017/2018 financial year

    This financial year brings changes to minimum wages, unfair dismissal regulations and various tax thresholds and rates.
    AustraliaEmployment and HR
    HopgoodGanim
    HopgoodGanim
  • Article

    Lattouf v ABC: Unlawful termination dispute - the current state of play

    Although Ms Lattouf filed an unlawful termination dispute application with the FWC, this is not an unfair dismissal case.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    The employment reality of TV fame

    Beware of the potential impact on employment for both employer & employee arising from being a reality TV show contestant.
    AustraliaEmployment and HR
    Swaab Attorneys
    Swaab Attorneys
  • Article

    A broken system: general pains for employers with adverse action claims

    The system in relation to adverse action claims is flawed as it encourages and protects unmeritorious claims.
    AustraliaEmployment and HR
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Employment in Indonesia: Differences worth labouring

    Engaging expatriates, employee entitlements, termination and outsourcing in Indonesia are different from in Australia.
    AustraliaEmployment and HR
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    The 1 July 2017 employment law changes that could impact your business

    Employers should review employment frameworks with changes to wages, the high-income threshold and other workplace laws.
    AustraliaEmployment and HR
    Walter Baden
    Walter Baden
  • Article

    Tweet, tweet: a High Court case on employee dismissal and social media

    The High Court will hear an appeal about the dismissal of a government employee for tweeting highly critical comments.
    AustraliaEmployment and HR
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Will the Fair Work Act protect the right of an employee of Cricket Australia to tweet her political opinion?

    Discussion of HC case regarding protections offered by the FWA which are designed to defend the right to political opinion.
    AustraliaEmployment and HR
    Walter Baden
    Walter Baden
  • Article

    Harsh, Unreasonable Or Unjust Dismissal On Medical Grounds

    The Industrial Commission of NSW has served notice on large organisations that they defend unfair dismissal cases purely "on the papers" at their peril.
    AustraliaLitigation, Mediation & Arbitration
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Reinstatement risk: context is everything says FWC

    Despite misconduct, employers must consider the context, provide an opportunity to respond & consider if it is out-of-work conduct.
    AustraliaEmployment and HR
    People + Culture Strategies
    People + Culture Strategies
  • Article

    Biometric scanning in the workplace: Can employees refuse consent?

    Employers will need a fully-compliant privacy policy, with proper notice to employees and genuine consent from them.
    AustraliaEmployment and HR
    Holding Redlich
    Holding Redlich
  • Article

    Can You Be Dismissed From Your Workplace For Not Providing Your Fingerprint?

    In the recent decision of Jeremy Lee v Superior Wood Pty Ltd [2018] FWC 4762, an employee was dismissed from his job because he refused to provide his fingerprint to his employer.
    AustraliaEmployment and HR
    Clyde & Co
    Clyde & Co
  • Article

    Case summary: Warren Power v Lyndons Pty Ltd T/A Lyndons [2023] FWC 1060 (5 May 2023) – Unsuccessful unfair dismissal claim due to harassment

    In case of Power v Lyndons Pty Ltd, the words used were not only grossly offensive but constituted sexual harassment.
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Fighting and empathy: two sides to every story when terminating employment

    No matter how destructive the conduct is, the employer must also look at the issues from the employee's perspective.
    AustraliaEmployment and HR
    Clayton Utz
    Clayton Utz
  • Showing 961–980 of 1100 results

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