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Employment
Unfair/ Wrongful Dismissal
Australia
Cooper Grace Ward
Summary of recent employment law decisions including that stood down employees are not entitled to personal leave.
Holding Redlich
The need for employers to exercise caution when managing employees with mental illness was highlighted in this decision.
Swaab
Higher unemployment, nervous employees and dodgy employers are suggested reasons for a surge in unfair dismissal claims.
Coleman Greig Lawyers
The case confirmed that the Uber Eats driver could not pursue Uber Eats for unfair dismissal as she was not an employee.
Kells
Unfair dismissal claim fails because the applicant was found not to be an employee.
Kells
Marque Lawyers
Whilst this employee got away with it, it still remains a generally bad idea to liken your boss to Hitler.
Marque Lawyers
Although the FWC initially upheld dismissal for sharing the popular Hitler parody, it reinstated the worker on appeal.
Holding Redlich
The FWC upheld a claim for privilege over investigation documents sought by an employee in unfair dismissal proceedings.
Sydney Criminal Lawyers
Article discusses a recent FWC ruling and warns to be careful when venting or sending up a situation.
Coleman Greig Lawyers
2 cases help illustrate the danger of using remote methods of communication for termination & pre-termination conversations.
Cooper Grace Ward
Any new systems and methods for the collection and use of sensitive employee information must be legally compliant.
Coleman Greig Lawyers
Discussion about recent case where employers successfully defended an unfair dismissal claim.
Coleman Greig Lawyers
Absence from work may be a reason to dismiss, but it is not an exception to rules about termination or adverse action.
McCullough Robertson
Employers should continually review arrangements with casual employees, for any changes in the employment relationship.
Carroll & O'Dea
This case gave important clarification regarding the 21-day limitation period for filing an unfair dismissal application.
MDC Legal
The decision is a reminder for employers to carefully consider whether requests to work additional hours are reasonable.
Coleman Greig Lawyers
Could you stand in the shoes of a deceased applicant and continue their unfair dismissal proceedings on their behalf?
Stacks Law Firm
Interesting unfair dismissal case involving an employee who was sacked for not complying with the fingerprint policy.
Holman Webb
APS employees are not protected by an implied right to freedom of political expression, so could face disciplinary action.
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