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Here are 8 results that may be of interest

Unfair dismissal (8)

Court Decision

Does a respondent employee need to know a complainant’s identity to respond to an allegation of misconduct?

In a discipline process leading to a dismissal, employees protected from unfair dismissal by the Fair Work Act 2009 (Cth) (the Act) must be provided with an opportunity to respond to the reason for their possible/proposed dismissal before a decision

  • Sexual harassment
  • Unfair dismissal
  • Fair work commission
  • Workplace and employment

Court Decision

Drink-driving outside of work hours not a valid reason for dismissal

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

  • Employment law
  • Fair work act
  • Dismissal
  • Workplace and employment
  • Industrial relations
  • Unfair dismissal
  • Termination

Court Decision

Employees covertly recording conversations at work in Australia – is it legal? 

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

  • Human resources
  • Employment
  • Agribusiness and food
  • Government
  • Health and aged care
  • Leisure sport and entertainment
  • Private Enterprise
  • Real estate
  • Resources energy and projects
  • Retail
  • Startup and entrepreneurial business
  • Technology media and communications
  • Workplace and employment
  • Unfair dismissal
  • Dismissal
  • Recording
  • Not-for-profit and charities

Court Decision

Full Bench of the Fair Work Commission clarifies the law on the relevant test to be satisfied when seeking an interim stop-bullying order

In this update, we explain the importance of a recent decision by the Full Bench of the Fair Work Commission (Commission) relating to its stop-bullying jurisdiction.1  Key points A worker contending that an internal workplace investigation into a

  • Public sector
  • Misconduct
  • Unfair dismissal

Court Decision

Constructive dismissal of Queensland public servant: State’s applications dismissed with costs

Outcome of appeal? On 4 September 2020, the Queensland Court of Appeal in Sunshine Coast Hospital and Health Service v Webb [2020] QCA 189 dismissed the State’s appeal against orders of Justice Douglas in the Supreme Court of Queensland (Supreme C

  • Government
  • Workplace and employment
  • Unfair dismissal
  • Wrongful dismissal
  • Bullying
  • Suspensions
  • Workplace investigations

Court Decision

Pregnant employee unlawful termination decision confirmed: employer ordered to pay $52,000 compensation

Key issues: An Australian employer was ordered to pay $52,100 compensation to an employee who was pregnant at the time her employment was terminated. On 21 August 2020, the Full Bench of the Fair Work Commission (Commission) in Compuworld Pty Ltd

  • Human resources
  • Leave entitlements
  • Unfair dismissal
  • Maternity leave
  • Parental leave
  • Personal leave
  • Agribusiness and food
  • Banking and financial services
  • Government
  • Health and aged care
  • Leisure sport and entertainment
  • Private Enterprise
  • Real estate
  • Resources energy and projects
  • Retail
  • Startup and entrepreneurial business
  • Technology media and communications
  • Workplace and employment

Article

Political opinions and social media: grounds for sacking?

Key issues How far can an employee go on their personal social media before it affects their employment? Can an employee express political opinion in a public forum? What is political opinion? In recent times, employees have come under increas

  • Unfair dismissal
  • Opinions
  • Workplace and employment
  • Leisure sport and entertainment

Article

“Reasonable notice” for terminations?

It is not uncommon to be confronted with a situation where a senior employee has to have their employment contract terminated for reasons other than misconduct.  One of the big questions is always “how much notice should I provide”?  In some i

  • Unfair dismissal
  • Unfair termination
  • Minimum notice of termination of employment