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Searching Content indexed under Unfair/ Wrongful Dismissal by Clayton Utz ordered by Published Date Descending.
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1
The potential cost of free labour: what makes an intern an employee?
An intern arrangement must be structured as a vocational placement where the main purpose benefits the student or worker.
Australia
30 Oct 2017
2
Update: 10 beers too many: Full Bench overturns the unfair dismissal decision of the captain
It was relevant that the employee in breach of a policy was a senior employee responsible for implementing the policies.
Australia
30 Oct 2017
3
Labour hire companies cant rely on host employers processes to dismiss an employee
We discuss Tasmanian Ports Corporation Pty Ltd v Gee [2017] FWCFB 1714.
Australia
28 May 2017
4
New school technology, old school principles: process still fundamental in social media age
Despite the crude statement on Facebook, the Fair Work Commission found that the termination was harsh and unreasonable.
Australia
2 May 2017
5
Senior employees and managers cry adverse action! at every turn
This article provides examples of senior employees who unsuccessfully claimed they were subjected to adverse action.
Australia
17 Apr 2017
6
Employees behaving badly in 2016
A recurring theme in 2016 was the media reporting that various types of misconduct by employees didn't justify dismissal.
Australia
12 Dec 2016
7
A summary dismissal delayed is a summary dismissal denied by the Fair Work Commission
The Fair Work Commission found that a summary dismissal could be rendered unfair, if not effected in a timely fashion.
Australia
28 Nov 2016
8
Can I terminate a labour hire employee when the client no longer wants them on a project?
A recent FWC decision supported an employer who terminated a labour hire employee when his contract was frustrated.
Australia
1 Nov 2016
9
Lack of specialised human resources staff will not excuse procedural failures in dismissing an employee
If procedural fairness is not applied during the disciplinary process, a dismissal may be unfair, even if valid reasons.
Australia
11 Aug 2016
10
Radio Gaga! FWC orders reinstatement of worker who used a two-way radio to make offensive comments to colleagues
Employers need to be proactive in implementing their standards of workplace behaviour or risk an unfair dismissal claim.
Australia
1 Aug 2016
11
Genuine threats of violence and an employer's duty of care
An employee who threatened his manager with "another Columbine" was held to have been fairly dismissed.
Australia
27 Jul 2016
12
Return to work rules not overridden by the Fair Work Act
Employers must show that the costs, inconvenience and disruption of return to work obligations are also unreasonable.
Australia
30 Jun 2016
13
Insurance cover can leave you exposed: earnings and the high income threshold for unfair dismissal
To determine if an employee is protected by the unfair dismissal regime, carefully consider all the employee's benefits.
Australia
19 May 2016
14
Alleged child sex abuse in schools and termination of employment
Employers should proceed with caution until this area of employment law is settled to avoid any unfair dismissal claims.
Australia
17 Apr 2016
15
Reinstatement a real risk if you treat employee safety breaches differently
Because safety policies were applied inconsistently, Jetstar had to reinstate an engineer who committed safety breaches.
Australia
7 Apr 2016
16
#PoliticalCorrectnessGoneMad?#auspol employees on social media
APS employers are taking an employee's political activity out of hours into account when making a termination decision.
Australia
7 Mar 2016
17
Social media misconduct and the right to reinstatement
Misconduct on social media might not justify dismissal, but it could prevent an employee's reinstatement.
Australia
23 Feb 2016
18
Good humour, bad taste: Can an inappropriate joke lead to an employee's dismissal?
An inappropriate joke in the workplace severed the foundation of trust and confidence in the employment relationship.
Australia
7 Feb 2016
19
Parental leave and returning to work: when can employers legitimately refuse a request for part-time work?
Employees returning from parental leave can request part-time work, but an employer does not have to accept the request.
Australia
15 Dec 2015
20
Dismissed for alleged harassment: a total slap in the face
This case highlights that employers continue to face a high bar when deciding to dismiss an employee for misconduct.
Australia
2 Dec 2015
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