Termination of Employment

March 26, 2024

EMPLOYMENT UPDATE
Hours reduction for casual employees amounts to dismissal

Awards and Employee Entitlements, General Protection, Termination of Employment

The recent Fair Work Commission decision of Tanasak Supsingcra v White Rabbit Kiaora Lane Pty Ltd demonstrates the risks faced by employers where they seek to punish a casual employee by reducing their hours. Facts The employer, ‘White Rabbit’, operate cafés in Sydney. The aggrieved employee, Mr Supsingcra, was engaged by White Rabbit on a […]

October 31, 2022

EMPLOYMENT UPDATE
Reinstatement for employee following guilty verdict on criminal charges overturned

Misconduct, Serious Misconduct, Termination of Employment, Unfair Dismissal, Workplace Investigations

This month we deal with an extremely interesting decision of the Fair Work Commission where despite best practice investigation there was a ruling against the employer. Our key message is this should not detract from an employer seeking to follow best practice in allegations of serious misconduct. Sydney Trains has been ordered to reinstate an […]

July 28, 2022

EMPLOYMENT UPDATE
Employer to pay $2.25 million in bullying case

Performance Management, Termination of Employment, Workers Compensation Reviews, Workplace Bullying

This month we look at a recent matter in the Federal Court which resulted in one of the largest financial penalty, compensation, and costs orders made within the general protections jurisdiction. Following two key decisions in the matter, which traversed complex legal issues, including constitutional conflicts between federal and state legislation, Justices Rares ordered the […]

January 31, 2022

EMPLOYMENT UPDATE
An employee’s defiance of a public health order was a valid reason for dismissal

COVID-19, Termination of Employment, Unfair Dismissal

In a recent unfair dismissal decision, the Fair Work Commission (‘FWC’) confirmed that a crane company had a valid reason to dismiss a mobile crane operator (‘employee’), who attended an illegal protest in contravention of a Victorian Government public health stay-at-home order (‘PHO’). Significantly, the FWC rejected the employee’s claim that although he had attended […]

November 30, 2021

Beware of the repercussions of forcing an employer to resign

As employment lawyers, we are always concerned when we see situations where employees are being placed in a position where they really have no choice but to resign from their employment. Such conduct by an employer can lead to the employee having reasonable prospects of a successful unfair dismissal claim. In this video, Hamish Procter […]

March 30, 2021

EMPLOYMENT UPDATE
Not an unfair dismissal rules FWC

Termination of Employment, Unfair Dismissal

This month we look at a recent unfair dismissal decision of the Fair Work Commission. Deputy President Sams, in determining that the employee’s termination was not harsh, unjust or unfair, was highly critical of the self-represented applicant who had been dismissed by her employer for a loss of “trust and confidence in her ability to […]

March 2, 2021

The difference when terminating employees as a small business

Are you a small business terminating an employee? The Fair Work Act does provide some advantages to small business employers when terminating employees explains Hamish Procter from Aitken Legal. This video seeks to assist employers by just touching on the key matters that small business employers should be aware of. Under the Fair Work Act, […]

January 12, 2021

Biggest mistakes when terminating an employee

Are you considering dismissing an employee? As employment lawyers, part of what we are called upon to do every day is provide advice regarding an employer’s risks when terminating an employee’s employment. We have seen countless scenarios where terminations have gone wrong and have resulted in legal claims against the employer. In this video, we […]

July 8, 2019

EMPLOYMENT UPDATE
Why Contracts and Policies are Essential

Employment Contracts, Policies and Procedures, Restraint of Trade, Termination of Employment

The importance of having well-written employment contracts and workplace policies cannot be underestimated as they can set a very clear framework in which the relationship between the parties will be regulated. They also provide significant assistance when resolving workplace disputes. Why have employment contracts? Failure to enter into a written contract of employment with employees […]

April 1, 2019

EMPLOYMENT UPDATE
Dismissal Round Up & Lessons For Employers

Misconduct, Settlement Agreements, Termination of Employment, Unfair Dismissal

This month we round up some recent dismissal cases that provide valuable lessons for employers when stepping the sometimes perilous path of dismissing an employee. A dismissed employee can often be a disgruntled one, with potential to cause disharmony in the workplace even after they have left. Dismissed employees can bring various claims against former […]

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