News and Insights

Redundancy – a process that no one is fond of but is important to get right.  Knowing how to conduct a lawful redundancy process will minimise the risk of costly legal claims, such as unfair dismissal, general protections claims for adverse action

General protection claims (otherwise known as adverse action claims) are increasingly becoming the 'go to' weapon of choice for disgruntled employees looking to challenge a decision of their employer or former employer. In one of the biggest damage

The Federal Court’s recent judgement in JMC Pty Limited v Commissioner of Taxation [2022] FCA 750 (JMC) is an important decision on the employee / independent contractor distinction both for the higher education sector and more generally for its ap

The Fair Work Commission has upheld a recent decision to dismiss a bank manager who sexually harassed a work colleague while intoxicated at an ‘out of hours’ work-related social event, notwithstanding his long period of service of 35 years and pr

Employees may be terminated for their out of work hours conduct if, viewed objectively, the conduct is likely to: cause serious damage to their employment relationship; damage their employer's interests; or  is incompatible with the employee's

There are many factors the Fair Work Commission considers when determining if a dismissal was unfair. One consideration is if the employer unreasonably refused the employee to have a support person present.1 This can also impact whether an employer

Employers considering making a worker redundant are usually aware that their actions might come under scrutiny in an unfair dismissal claim. What many employers don’t consider is that the reasonableness of the redundancy and the way in which it is

Given the ease with which recordings can be facilitated by mobile phones, recent cases continue to expose the difficulties employers face as a result of recordings of workplace conversations by employees, without the consent of those involved.   T