Searching Content indexed under Unfair/ Wrongful Dismissal by DLA Piper Australia ordered by Published Date Descending.
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Employment Law: Case law and legislation updates
The article looks at three recent employment relations decisions from New Zealand and includes some noteworthy points.
New Zealand
26 Mar 2015
Out of hours employee misconduct - when is it a workplace issue?
The line between conduct that may be said to have taken place within or outside the workplace is often quite blurry.
23 Dec 2013
Getting in front of covert recordings in the workplace
Several cases have considered whether covert recordings can be admitted as evidence in unfair dismissal proceedings.
23 Dec 2013
High standard required to justify summary dismissal in Hong Kong
This case is an important reminder that the standard required to justify a summary dismissal in Hong Kong is very high.
9 Oct 2013
Implementation of the Law on the Securing of Employment: France
A major new law was passed, setting out procedures for collective dismissals and now with a timeline for implementation.
9 Oct 2013
Termination of Employment in Australia: Best Practice Guide
Unfair dismissal laws, which are set out in the Fair Work Act 2009, apply to a large number of Australian employees.
20 Aug 2013
When is an employee’s absence enough to justify dismissal?
When does an employee's absence from work reach a point where an employer can consider ending the employment?
20 Aug 2013
Redundancy - a review of the obligations to comply, consult and redeploy
This update explores an employer's obligations to comply, consult and redeploy, in light of several recent cases.
11 Nov 2012
Termination of Employment - Best Practice Guide
The decision to dismiss an employee requires an understanding of the legislative and other obligations of an employer.
8 Oct 2012
Effecting a fair redundancy under the Fair Work Act: redeployment
An employer must take reasonable steps to redeploy a redundant employee, to avoid a potential unfair dismissal claim.
19 Oct 2011
Don't dismiss me so easily because I'm an executive
Executives have a plethora of rights even if their employment is terminated without agreement.
5 Sep 2011
Don't meddle with staff who engage in union activity at work
The Full Court yesterday handed down a decision that hardens the test that employers must meet to defend claims that they have acted 'adversely' against staff who are performing activities as union officials.
10 Feb 2011
Taking leave after a natural disaster
Employers in south-east Queensland may face two significant employment issues arising out of the recent floods: whether to pay staff who are unable to come to work or who wish to attend to their homes or properties affected by the floods; and whether to pay staff who can come to work but whose workplaces are affected by the floods.
24 Jan 2011
Employment Grievances, Relations and Paid Parental Leave
Ogilvy New Zealand Limited (Ogilvy) was recently ordered to pay almost $350,000 after the Employment Relations Authority found that it had unjustifiably constructively dismissed a senior advertising executive (Whitten v Ogilvy New Zealand Limited (30/4/ 2010)). Ms Whitten had been employed by Ogilvy from 1993 until July 2008, at which point she held the title of Deputy Managing Director.
New Zealand
23 Jun 2010
The New Safety Net: What You Need to Know - National Employment Standards
The new safety net, the 10 National Employment Standards (NES) and modern awards, commenced operation on 1 January 2010. The safety net sets the minimum terms and conditions of employment for all employees captured under the federal system. An employer must comply with the NES in relation to each of its employees or risk prosecution.
28 Feb 2010
The Workplace - Spring Edition - October 2009, Case Round Up
For the first time, the Federal Court has awarded a sacked employee compensation (of $274,288) on the basis that his employer breached the grievance procedure in his Australian Workplace Agreement (AWA).
7 Oct 2009
Dealing With Underperforming Employees In Recessionary Times
In times of economic decline, employers pay very close attention to their bottom line. As a result, underperforming employees will often be the first in the firing line. But what is the best way to deal with such employees?
8 Jul 2009
Can A Leopard Change Its Spots? – The Move From Employee To Independent Contractor
We have already discussed at length the obvious impacts on employment in a recession. But what happens to people who are not employees?
New Zealand
3 Jun 2009
Court Limits Damages Arising From Employee Common Law Contract Claims
An important decision by the New South Wales Court of Appeal provides some reassurance to employers concerned about a rising number of employee claims based on implied contractual duties.
28 Oct 2008
Federal Government Releases Further Details Of Workplace Reform
The Deputy Prime Minister, the Hon Julia Gillard MP yesterday outlined details of the key elements of the Government's workplace relations reforms.
22 Sep 2008
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