Terminations, Unfair Dismissals & Adverse Action Archives - MDC Legal

Travel extends the mind but not limitation periods: Wragg v Queensland Scaffolding Pty Ltd [2018] FWC 4986

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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.

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What’s in a name: The effect of a position title on Modern Award coverage

Posted by | Articles, complaince, Contracts, HR Advice & Support, modern award, Terminations, Unfair Dismissals & Adverse Action, Training & Compliance | No Comments

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.

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Maximum term employees may be entitled to make unfair dismissal claims and be paid redundancy

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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.

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What are your business’ New Year’s workplace relations resolutions?

Posted by | Articles, Contracts, Discrimination & Bullying, Dispute Resolution & Advocacy, HR Advice & Support, Industrial Relations, Terminations, Unfair Dismissals & Adverse Action | No Comments

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.

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An interesting development in the Fair Work Commission’s Stop Bullying Jurisdiction

Posted by | Articles, Discrimination & Bullying, Terminations, Unfair Dismissals & Adverse Action | No Comments

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.

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Lying and theft justifies termination of flight attendant

Posted by | Articles, Performance Management & Misconduct Investigations, Terminations, Unfair Dismissals & Adverse Action | No Comments

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.

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Employment lawyer with a briefcase

Choosing the Right Workplace Lawyer in WA

Posted by | Articles, Discrimination & Bullying, HR Advice & Support, Terminations, Unfair Dismissals & Adverse Action | No Comments

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.

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Take Care When Making Employees on Parental Leave Redundant

Posted by | Articles, Business Restructures & Redundancies, Contracts, Terminations, Unfair Dismissals & Adverse Action | No Comments

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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