FAQs matching Unfair Dismissal

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When is suspending an employee from work lawful?

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...

I'm a labour hire employee and was just wondering if I can make an unfair dismissal claim under the Fair Work Act?

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...

Do casual employees have protections against unfair dismissal?

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...

Can I be fired for comments made regarding a fellow employee on a social media site?

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,...

If I resign on account of illness: Am I entitled to receive a payment for pro rata long service leave?

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...

Is it possible to terminate an employee for making derogatory comments about work colleagues on social media?

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...

How does Fair Work Australia make a determination that a worker has been unfairly dismissed?

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...

What key changes is the Government proposing to make to equal opportunity legislation?

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...

What are the general workplace protections that cover employees?

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...

On what grounds is possible to dismiss an employee under The Fair Work Act 2009?

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...

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