What You Need to Know: The Rise of Adverse Action and Unfair Dismissal Claims

Employer’s “tick and flick” training on workplace policies rendered dismissal unfair

Not just the what, but also the why

When relying on a workplace policy as grounds for dismissal, employers must be able to clearly demonstrate that the employee is aware of the policy and has undergone meaningful training on the policy.

December 10, 2024

Blogs

Commission finds employer’s unsubstantiated allegations rendered dismissal unfair

Not mushroom for error

Where there is a factual dispute about allegations made against an employee, employers must ensure that the allegations are properly tested before proceeding to a disciplinary process. This will ensure that the employee has been provided with procedural fairness and any reasons relied on by the employer as grounds for dismissal are valid.

November 19, 2024

Blogs

FWC finds Philippine-based worker entitled to claim unfair dismissal

Objection overruled

When engaging overseas workers to perform work for an Australian entity, employers need to be mindful of the risks that such workers may be considered employees to whom the Fair Work Act 2009 (Cth) might apply.

November 12, 2024

"Bejewelled" - Hosting and surviving work social functions

Many employees are excited about upcoming Christmas parties and end of year functions. However, increasingly complex employment laws and the rise in work-related complaints are causing employers to carefully think about hosting such events.

October 9, 2024

Events

“Bad Blood” - Adverse Action and Unfair Dismissal

In the wake of challenging economic circumstances and increasing episodes of poor employee behaviour, employers may be required to make difficult, but necessary, decisions in relation to its workforce.

August 8, 2024

Events