By Renae Harg, Senior Associate and Madeleine Brown, Associate
The Fair Work Commission has ordered an employer to pay eight weeks’ wages to an apprentice after it found that an employee was unfairly dismissed for refusing to work additional hours on a Sunday. This decision is a reminder for employers to carefully consider whether requests to work additional hours are reasonable.
By Renae Harg, Senior Associate and Lauren Wright, Lawyer
Can you terminate an employee during their probation period?
Some employers proceed under the misapprehension that they can terminate an employee on probation without providing any reason for the dismissal, with the employee unable to pursue any legal claim against them. The recent decision of Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd (No. 2) [2019] FCCA 1295 has shown this is incorrect. Read More
By Renae Harg, Senior Associate
Communication made easier by text message but not made right
Although modern businesses use many communication methods to interact with employees and clients, consideration needs to be given to the communication methods used when dealing with employment and industrial relations issues. This is particularly relevant when dismissing an employee. Read More
By Jessie Poon, Lawyer
The Fair Work Commission has for the first time published data on the outcomes of general protection applications involving dismissal.
By Gemma Little, Associate
Keeping employment records is your responsibility as an employer
Everyone knows that employers must keep employee records, right? Apparently not. Some employers have been caught out because they have either not kept adequate employee records, or not kept employee records at all. Read More
By Mark Cox, Director and Renae Harg, Senior Associate
Federal Court Ruling Highlights the Complexity of Terminating the Employment of an Employee with Mental Health Issues
The Federal Court ruling in Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913 highlights the complexities in terminating the employment of unwell employees, including employees with mental health issues. Read More
By Joanna Knoth, Senior Associate and Lauren Wright, Lawyer
As we rapidly approach the end of the year, the office Christmas party can be cause for concern for many employers. There are two key issues that employers should turn their mind to when planning the party.
By Mark Cox, Director and Madeleine Brown, Associate
An employee who was suspended indefinitely without pay after her employer decided that she had breached the conditions of her visa was unfairly dismissed, according to the Fair Work Commission in Devi v Doutta Galla Aged Services Limited [2018] FWC 4142.
By Nikita Barsby, Special Counsel and Madeleine Brown, Associate
The Fair Work Commission has refused an application for an extension of time to file an unfair dismissal application, following a detailed examination of a travelling employee’s social media activities and text messages which demonstrated that he was not incapacitated by depression and grief following his dismissal.
By Mark Cox, Director and Ruth Collins, Lawyer
It is a common misconception amongst employers that a senior position title and high income can exclude an employee from being covered by a modern award. Not so. Instead, employers must look to the principle purpose of the position the employee was performing to assess whether it is covered by the classifications of roles covered by the award.
By Mark Cox, Director and Lauren Wright, Lawyer
A maximum term contract is a contract which automatically ends at the expiry of a specified period while giving either party the right to terminate prior to the specified expiry by giving notice. This can be contrasted with a fixed term contract, which is also for a specified period but which does not make provision for early termination.
By Nikita Barsby, Special Counsel
HRD Australia recently reported that the success rate of Australian employers in unfair dismissal cases has dropped below 40% for the first time – while these remain the claim of choice for employees, with an unfair dismissal claim lodged every three and a half minutes in Australia.1
We expect hot topics for workplaces will include managing poor performance and bullying and stress claims, avoiding award or NES breach claims (and the risk of huge new penalties) or discrimination claims.
By Conor Fahey, Lawyer
In perhaps the most interesting development to date since the commencement of the Fair Work Commission’s (FWC) anti-bullying powers, Commissioner Hampton, the Panel Head of the FWC’s anti-bullying jurisdiction, has issued an interim order to restrain an employer from dismissing an employee for alleged misconduct until the tribunal determines the employee’s anti-bullying application.
By MDC Legal
Qantas has succeeded in its appeal to undo the unfair dismissal finding for a flight attendant who stole alcohol and lied during the investigation. The FWC Full bench overturned the ruling of unfair dismissal in Qantas Airways Limited v David Dawson [2017] FWCFB 41, finding that Deputy President Lawrence had failed to take into account the Qantas employee’s dishonesty during the investigation into allegations of theft.
By Conor Fahey, Lawyer
Formal written warnings and structured performance improvement plans are not an essential requirement to prove that a dismissal, based on poor performance, is fair.
By MDC Legal
AWOL employees should not get complacent: although it’s the employer that must act positively, employees will need to satisfy the employer that they are absent for a reasonable cause, otherwise they risk their employment being terminated.
By Mark Cox, Director & Joanna Knoth, Senior Associate
Employment law covers a broad range of complex legal issues affected by layers of common law and statute across state and federal jurisdictions. These legal issues begin in business set up or acquisition stage, with transmission of business, recruitment of new employees, establishing suitable contracts, and complying with awards and National Employment Standards – establishing the employment relationship.
By Mark Cox, Director and Joanna Knoth, Senior Associate
We talk about four valid reasons to terminate an employee, including misconduct, genuine redundancy, poor performance and incapacity.
By Mark Cox, Director and Joanna Knoth, Senior Associate
Dealing with an unfair dismissal claim requires an understanding of employment law. Get legal advice from an employment lawyer soon as possible.
By MDC Legal
Ms Heraud went on maternity leave in September 2013. She was due to return to her role in a senior position in July 2014. Meanwhile, Roy Morgan had a revenue downturn leading to a restructure of its operations, causing Ms Heraud’s role to be made redundant.
By Ruth Collins, Lawyer and Jessie Poon, Lawyer
The recent unfair dismissal case of Michael Treen v Adelaide Services Alliance T/A Allwater JV [2016] FWC 2737 (Treen) highlights the need for employers to be consistent in their disciplinary action.
By Nikita Barsby, Special Counsel
In the recent case of Heraud v Roy Morgan Research Ltd [2016] FCCA 185, the Federal Circuit Court of Australia (FCCA) found that Roy Morgan Research Ltd (RMR) contravened provisions of the Fair Work Act (FW Act) by refusing an employee’s request for flexible working hours and making her redundant while she was on maternity leave.
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