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Unfair Dismissal

Redundancy website

EMPLOYMENT UPDATE

Failed consultation renders redundancy termination unfair; Loss of Jobkeeper factored into compensation

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This month we look at a very topical case involving an employer who terminated an employee for redundancy reasons as a result of COVID-19 impacts to the business, and failed in its defence of the subsequent unfair dismissal claim. On 18 March 2020, the employer, a business advisory and accounting business, met with its employees […]

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Social media

EMPLOYMENT UPDATE

To Post or not to Post? Social Media Roundup – Lessons from Recent Cases

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This month we look at employee use (or misuse) of social media. We examine some recent cases and highlight some tips for employers to help manage similar issues. Social media – where are we now? There has been growth in the number of Court cases relating to the use (or misuse) of social media by […]

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spiral staircase

EMPLOYMENT UPDATE

Dismissal Round Up & Lessons For Employers

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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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EMPLOYMENT UPDATE

New domestic violence leave entitlement and valid reasons for dismissal not enough

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This month we look at the new family and domestic violence leave entitlements and some recent unfair dismissal cases which highlight that a valid reason for dismissal is not enough. New family and domestic violence leave entitlement Modern award covered employees can now take 5 days’ unpaid family and domestic violence leave each year. The […]

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EMPLOYMENT UPDATE

Recent employment law decisions provide timely guidance for employers

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This month we look at two recent decisions in the employment law space.  The first decision relates to an employer’s decision to terminate an employee for breaching a cardinal safety rule.  The second decision relates to the reprehensible conduct of an employer who failed to pass on an employee’s paid parental leave entitlement. Use of […]

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EMPLOYMENT UPDATE

Out of hours conduct on Social Media leads to Fair Dismissal

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The Fair Work Commission has upheld a company’s decision to dismiss an employee, after the employee sent a pornographic video to a number of his colleagues through the Facebook Messenger app. The employee was employed by a large container terminal operator as a stevedore.  He was dismissed, with payment in lieu of notice, some 10 […]

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