The Fair Work Commission has for the first time published data on the outcomes of general protection applications involving dismissal.
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In order to survive, many businesses have to restructure their workplace. This often results in reducing surplus assets, addressing inefficiencies, and cutting or removing shifts. The redundancies that result from this process present a significant legal risk to employers.
Doing business in another country or jurisdiction can present unexpected difficulties and challenges. For foreign businesses looking to expand into Australia, complying with Australia’s industrial relations system can be particularly difficult.
However, ensuring that you meet your employment obligations and that you have sound employment practices in place is essential to the success of your Australian operations.
When does the Fair Work Act 2009 apply to your business or employees?
In some cases, it can be difficult to determine if a worker is an employee or an independent contractor, because it is often the case that some of the relevant indicia may point towards an employment relationship, while other indicia may point to an independent contractor relationship.
Find out which employment contracts are right for your business. Read about maximum or fixed compared with extended or open contracts.
This decision highlights the dangers for companies and their owners or directors misrepresenting to individuals that they will be engaged as contractors when they in fact are employees.
We talk about four valid reasons to terminate an employee, including misconduct, genuine redundancy, poor performance and incapacity.
Dealing with an unfair dismissal claim requires an understanding of employment law. Get legal advice from an employment lawyer soon as possible.