Searching Content indexed under Unfair/ Wrongful Dismissal by Norton Rose Fulbright Australia ordered by Published Date Descending.
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Comcare v Banerji [2019] HCA 23 - APS Code of Conduct
This High Court decision found the public servant's public political comments were in breach of the APS Code of Conduct.
9 Aug 2019
Increase to high income threshold, compensation cap and rates of pay from 1 July 2019
The article includes news about increases to protection from unfair dismissal and increases to award minimum wages.
6 Jul 2019
No fair go makes employee dismissal for a valid reason unfair
Although the employer had a valid reason to dismiss the project manager, the termination was still considered unfair.
24 Aug 2018
Freedom to tweet – no power to terminate public servant for anonymous political communication
Termination of employment for anonymous tweet trespassed on the implied freedom of political communication.
2 May 2018
Workplace relations framework – Productivity Commission draft report
The Government intends to use the Productivity Commission's draft report to develop a future workplace relations policy.
13 Aug 2015
Airlines and unfair dismissal: Cases
The case reinstated an employee dismissed for not complying with Virgin Australia's flight attendant grooming policies.
4 Oct 2013
Surveillance in the Workplace – are employers looking at all of the implications?
Surveillance options include GPS systems, monitoring email and internet use, video surveillance and phone recording.
5 Jun 2012
Adverse Action – Full Bench Decision
The Barclay decision was one of the first general protections decisions handed down by the Federal Court following the introduction of the Fair Work Act 2009 (Act).
24 Feb 2011
The Small Business Fair Dismissal Code and Summary Dismissal
Small Business Employers will have an easier job of complying with the Fair Dismissal Code in summarily dismissing employees following a recent unfair dismissal judgment by Fair Work Australia (FWA) in Banana Tree Café [2010] FWA 7891.
7 Dec 2010
The ALP is Back: What Does It Mean For Franchise Sector Employers?
After all the uncertainty, it's back to ALP workplace relations policy for Australia's employers. Last week's Independents backing for the ALP to maintain Government has cleared a path for the Government to implement its existing policies and pre-election policies.
5 Oct 2010
Casual Employees and the Minimum Employment Period
The Full Bench of Fair Work Australia has held that a 3 month absence from the workplace did not prevent a casual employee from making an unfair dismissal claim, because he had already served the minimum employment period required under the Fair Work Act 2009 (Cth) (FW Act).
27 Sep 2010
Principals Will Pay the Price Now If the Contract Was Unfair Then
As a result of the decision in Keldote v Riteway Transport [2010] FMCA 394 (16 June 2010) (Keldote), companies will need to pay attention to questions of ‘fairness’ in the terms on which they engage independent contractors.
11 Aug 2010
What Are Inherent Requirements?
Allan John Button v J Boag & Son Brewing Pty Ltd [2010] FWA 148 highlights the importance of carefully considering what the inherent requirements of a job are, before terminating an employee’s employment on the basis they can’t perform them. It also emphasises the importance of considering what the role actually is if the employee has been performing modified duties for an extended period
19 Apr 2010
Contract of Employment v Relationship of Employment – A Double Edged Sword?
The Fair Work Act 2009 (the Act) introduced many changes to the law affecting employers and employees.
19 Apr 2010
Tightened Restrictions For Executive Termination Payments – What Do They Mean For Employers
Recent amendments to the Corporations Act 2001 (Cth) (Act) tighten restrictions on termination payments which can be made to executives without shareholder approval
19 Apr 2010
Implementing Fair Work Act annualised salary notifications and high income guarantees
From 1 January 2010, the new safety net of minimum entitlements comprises two planks: National employment standards (NES) ... Modern awards
2 Feb 2010
Building and Construction, Employment, Franchising and Contract
As we stagger to a final exhaustion point of the epic modern award process coming to finality 14 working days before they become operative, we take the opportunity to take stock and consider what has been achieved in 2009 and what we can look forward to in 2010.
23 Dec 2009
Employer Wins Unfair Dismissal Costs Appeal Against Applicant And Representative
JimRoy Pty Ltd was successful on Wednesday when the full bench of the AIRC confirmed that an applicant, and her representative, Gary Dircks, were jointly and severably liable to pay the former employer's party-party costs as a result of their unreasonable conduct in an unfair dismissal claim against JimRoy.
17 Jul 2009
Unreasonable Management Action Must Contribute To The Onset Of Psychological Injury
The decision by the QIRC in Glen Rowe and Q-Comp was overturned by the Queensland Industrial Court on 12 May 2009. This article sets out the reasons why the decision was overturned and a take-home message for employers dealing with psychological injuries with a variety of identified stressors.
10 Jul 2009
Privacy Failures Costs Employers
Two recent decisions of the Australian Industrial Relations Commission have resulted in significant levels of compensation paid to former employees in circumstances where matters of the employees' privacy were central to the question of fairness during the dismissal process.
9 Jul 2009
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