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Searching Content indexed under Employment Litigation/ Tribunals by Swaab ordered by Published Date Descending.
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Date
1
Termination of employment by SMS fails the fairness text
In two recent unfair dismissal decisions, the FWC has rejected the practice of terminating employment by text message.
Australia
10 Jul 2019
2
Workplace Surveillance Act 2005 (NSW) Admissibility of evidence unlawfully obtained - latest developments
Some employers in NSW are not aware of the implications of evidence acquired through workplace surveillance activities.
Australia
7 Jul 2019
3
Fair Work Com­mis­sion rules out New Approaches to indi­vid­ual disputes
'New Approaches' aims to assist employers, employees and representatives build productive and cooperative workplaces.
Australia
16 May 2019
4
A real deal: An unfair dis­missal set­tle­ment goes wrong
If an informal agreement has been reached, it is prudent to record the terms to avoid any confusion and uncertainty.
Australia
27 Dec 2018
5
Job titles and modern award coverage - what is in a name?
FWC takes a "substance over form" approach in considering job titles and their relevance for a particular modern award.
Australia
17 Apr 2018
6
The Fair Work Commission - has it lost its way?
What happens to employment opportunities in Australia if the business community loses faith in the Fair Work Commission?
Australia
16 Feb 2017
7
Proceedings under the Fair Work Act: Is the Fair Work Commission really a cost free jurisdiction?
Applicants can be at risk of costs if they bring unmeritorious claims or unreasonably refuse offers of settlement.
Australia
3 Jul 2016
8
The (potential) deceit of the policy manual
HR professionals (as senior managers) can be personally liable if they engage in conduct that is liable to mislead.
Australia
23 May 2016
9
Proceedings under the Fair Work Act: Is the Fair Work Commission really a cost-free jurisdiction?
Applicants are always at risk of costs, if they bring unmeritorious claims or unreasonably refuse offers of settlement.
Australia
23 May 2016
10
Legal professional privilege and workplace investigation reports
The privilege belongs to the client and can be waived or lost by the client's actions in relation to the communication.
Australia
14 Aug 2014
11
High Court - Barclay decision - adverse action
Bendigo TAFE was successful in arguing that the reason for suspension was not his AEU membership or industrial activity.
Australia
12 Sep 2012
12
How do courts enforce restraint of trade clauses?
A look at a recent NSW court decision on restraint of trade clauses.
Australia
14 Aug 2011
13
Casual employee lodges unfair dismissal claim after being sacked via a text message
The Sedina Sokolovic case, Fair Work Australia has sent a clear warning to employers thinking of dismissing their employees by text message.
Australia
21 Jun 2011
14
Valid reason for dismissal the key to defending unfair dismissal claims
A recent judgment of the Full Bench of Fair Work Australia (FWA) has highlighted that the existence of a valid reason for dismissal is pivotal to an employer’s ability to succeed in defending unfair dismissal claims.
Australia
17 Mar 2011
15
Preserving your business through restraint of trade clauses
The value of a business is typically measured by its goodwill, assets and ability to retain staff. In order to preserve and protect this value, it is important that employers include suitable confidentiality and restraint of trade clauses in their employees contracts of employment.
Australia
20 Feb 2011
16
Adverse Action - The New Unfair Dismissal
Employees who do not fit within the scheme of unfair dismissal, either because they are in their qualifying period or because they earn over the high income limit of $108,300, are permitted by the Fair Work Act to bring an even more serious claim related to adverse action.
Australia
18 Jun 2010
17
Termination Of Employment
When an employer ends the employment relationship with their employee, there is potential for the employee to make a number of claims against the former employer.
Australia
13 Aug 2008
18
WorkChoices Update
During the ALP National Party Conference, the ALP released further details of its Industrial Relations Policy, Forward with Fairness.
Australia
26 Jul 2007
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