Practice Areas: Employment Law - Worker Perspective, Industrial Relations, Redundancy, Unfair Dismissal
It should be noted first off that there exists no common law right to suspend an employee without pay for misconduct – even in instances where the...
Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Industrial Relations, Redundancy, Unfair Dismissal
Labour hire employees and agency workers may have some difficulty in making an unfair dismissal claim under ss 382 – 384 of the Fair Work Act. For...
Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Industrial Relations, Redundancy, Unfair Dismissal
For casual employees to receive protections, they must have worked for an employer for the ‘minimum employment period’ referred to in ss 382-383...
Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Harassment, Redundancy, Unfair Dismissal
If the decision by Fair Work Australia in O’Keefe v William Muir’s Pty Ltd T/A Troy Williams The Good Guys [2011] FWA 5311 is any indication,...
Practice Areas: Employment Law - Worker Perspective, Unfair Dismissal
The eligibility requirements for receiving a pro rata payment of long service leave vary between the States and Territories. However, in most instances...
Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Harassment, Workplace Privacy, Unfair Dismissal
If you wish to terminate an employee for making derogatory comments on social media you need to be aware of a recent decision in Fair Work Australia where...
Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Industrial Relations, Unfair Dismissal
When determining if the dismissal of an employee was harsh, unjust or unreasonable, the FWA will take into consideration the following elements:
• whether...
Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Discrimination, Harassment, Unfair Dismissal
The Commonwealth Government has announced that it will introduce changes to equal opportunity legislation in Parliament by the end of 2011. The Equal Opportunity...
Practice Areas: Employment Law - Worker Perspective, OHS, Unfair Dismissal
Under the Fair Work Act (FWA), all Australian employees are entitled to general workplace protections, which may include the following:
workplace rights;the...
Practice Areas: Business & Commercial Law, Employment Law - Worker Perspective, Employment Law - Employer Perspective, Unfair Dismissal
On what grounds is possible to dismiss an employee under The Fair Work Act 2009?
The Code requires that the employer has reasonable grounds that...