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Searching Content indexed under Unfair/ Wrongful Dismissal by Swaab ordered by Published Date Descending.
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1
Fair Work Commission criticises time-wasting unfair dismissal applications
FWC has criticised applicants who commence unfair dismissal proceedings, then do not take steps to prosecute their claim.
Australia
25 Sep 2019
2
Genuine redundancy or unfair dismissal? The difference could be in the consultation
The article examines employer compliance with consultation requirements in the context of redundancy and unfair dismissal.
Australia
23 Sep 2019
3
Keeping the High Court decision in Comcare v Banerji in perspective
The Banerji case relates to the use of tweets or social media by a Commonwealth public servant about government policies.
Australia
12 Aug 2019
4
Termination of employment by SMS fails the fairness text
In two recent unfair dismissal decisions, the FWC has rejected the practice of terminating employment by text message.
Australia
10 Jul 2019
5
The current state of play in the Israel Folau case
The Folau case has been a very public debate about an employer's prerogative to regulate the private lives of employees.
Australia
30 Jun 2019
6
Unfair dis­missal – Con­fi­den­tial­i­ty no excuse for fail­ure to con­sult on redundancy
This decision has considered a dilemma for employers when managing redundancies in a confidential business acquisition.
Australia
13 Apr 2019
7
A real deal: An unfair dis­missal set­tle­ment goes wrong
If an informal agreement has been reached, it is prudent to record the terms to avoid any confusion and uncertainty.
Australia
27 Dec 2018
8
Competing considerations: An employee and her hobby business
Employ­ers are enti­tled to expect employ­ees to devote their ​"full time and atten­tion" in work hours to their duties.
Australia
16 Nov 2018
9
Dismissing senior employees - the pitfalls to avoid - Part 2
Examination of legal claims senior staff can bring on termination of employment and how employers can safeguard against them.
Australia
15 Aug 2018
10
Dismissing senior employees - the pitfalls to avoid - Part 1
This two part article provides some practical guidance on the termination of senior executives.
Australia
15 Aug 2018
11
Resigning from your employment - can you withdraw your resignation? - Latest developments
Key test it seems is whether a real intention to resign can be discerned and the apparent state of mind of the employee.
Australia
15 Aug 2018
12
Incapacity dismissals where the employer is alleged to have caused the incapacity
Employers should obtain a clear medical opinion when making decisions relating to an employee's capacity to perform work.
Australia
26 Jul 2018
13
Everyone lies in their job application .... so can I fire them?
This decision is useful for employers who find that an employee has been deliberately dishonest in their job application.
Australia
13 Jul 2018
14
Salicious facts, important principles
Unfair dismissal cases with solicitous facts get attention AND sometimes lead to useful legal observations with broad application.
Australia
27 Jun 2018
15
Breaking up is hard to do - communicating termination of employment
Dismissing an employee by phone, text or email is not an appropriate means of communicating such a serious decision.
Australia
7 Jun 2018
16
Five employment law cases that shook the world: #4 - No redundancy consultation, no unfair dismissal
Consultation would not have produced a different conclusion, so the dismissal was not unfair by the failure to consult.
Australia
10 May 2018
17
Car allowance decision drives unfair dismissal access
The case considered the issue of car allowances to determine the annual rate of earnings for unfair dismissal purposes.
Australia
6 Apr 2018
18
The top five mistakes employers make when terminating employment: No. 5 - Alternatives to dismissal
It is strongly advisable for employers to consider all other alternatives before taking action to dismiss an employee.
Australia
6 Apr 2018
19
Resignation from employment - can you withdraw it?
Employers should be careful about how they react to employees who submit a resignation "in the heat of the moment".
Australia
2 Apr 2018
20
The top five mistakes employers make when terminating employment: No. 4 unfair dismissal
A frequent mistake employers make when dealing with dismissal, is failing to afford employees "procedural fairness".
Australia
2 Apr 2018
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