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Searching Content indexed under Unfair/ Wrongful Dismissal by Corrs Chambers Westgarth ordered by Published Date Descending.
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Biometric technology in the workplace why unfair dismissal claims are just the (finger) tip of the iceberg
Recent case regarding biometric data collection in the workplace raises issues & provides guidance for employers.
Australia
11 Jun 2019
2
When is swearing in the workplace a basis for dismissal?
A round-up of cases (and their key points) from the past 12 months in which swearing took centre stage.
Australia
22 May 2018
3
Mental health and workplace investigations: what are your obligations?
Mental illness in the workplace is an area for all employers to bear in mind when conducting workplace investigations.
Australia
7 Feb 2018
4
Asia Employment Law – Quarterly Review: Q3 2017
This article comments on several key employment law developments in Australia during the third quarter of 2017.
Australia
22 Dec 2017
5
Dismissing on-hired employees: A cautionary tale
When dismissing an assigned employee, labour hire companies cannot simply rely on the process adopted by a host business.
Australia
7 Jul 2017
6
Swearing in the workplace: Where should you draw the line?
Determining whether dismissal is an appropriate response to swearing in the workplace is an increasingly difficult task.
Australia
19 Jan 2017
7
The long arm of adverse action: independent investigations and performance reviews
This case demonstrates how important it is for employers to be clear, in their reasons for taking any adverse action.
Australia
30 May 2016
8
Snatching defeat from the jaws of victory – lessons from recent unfair dismissal decisions
Despite a valid reason for the dismissal of an employee, a range of other factors could lead to a finding of unfairness.
Australia
19 Apr 2016
9
The parent trap – Adverse action, parental leave and redundancy
It may not unlawful to make an employee redundant while on parental leave, but employers could still face adverse action.
Australia
14 Mar 2016
10
Mcintyre v SBS - social media dismissal: FWC gives green light for unlawful termination claim
The Fair Work Commission (FWC) allowed an unlawful termination application brought by former sport reporter to proceed.
Australia
12 Nov 2015
11
The new untouchables - does adverse action mean that some employees are immune from dismissal?
A well managed, robust decision making process, with a decision made for sound reasons, may withstand legal challenge.
Australia
26 Apr 2015
12
Stop whingeing! - Which employment compliants could lead to an adverse action claim?
Employers should assume that a broad range of expressions of discontentment could give rise to an adverse action claim.
Australia
26 Nov 2014
13
High Court majority applies Barclay decision to find that the scab-sign dismissal was lawful
The case provides important guidance on the operation of the adverse action provisions in Part 3-1 of the Fair Work Act
Australia
24 Oct 2014
14
A $1.59 million reason to avoid wrongful dismissal
The former Managing Director was awarded over $1.59 million for unlawful termination of his contract of employment.
Australia
 
26 Sep 2014
15
You can't keep secret what you rely upon: Employer loses legal professional privilege in workplace investigation report
The article examines the implications for employers when obtaining legal advice in relation to workplace investigations.
Australia
 
25 Aug 2014
16
Employment in Indonesia: Differences worth labouring
Engaging expatriates, employee entitlements, termination and outsourcing in Indonesia are different from in Australia.
Australia
15 Feb 2014
17
Federal Court rules on the interaction between the Victorian Construction Code and Implementation Guidelines and the adverse action provisions
The CFMEU has successfully challenged a key aspect of the Victorian State Government regulation of industrial relations.
Australia
 
31 May 2013
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