Individuals have a relatively high threshold to attain in order to establish workplace bullying. In the case, a recruitment coordinator team leader was sacked for bullying a member of staff. …
What is the Small Business Fair Dismissal Code?
A business is a small business employer if it employs fewer than 15 employees at the time of the dismissal of the employee for misconduct or poor performance. Even though …
Making an appearance
Individuals should be prepared to present their case in the Fair Work Commission. A new case in the Fair Work Commission (FWC) has confirmed that lawyers need to seek permission …
Duties and responsibilities as important as job title
Employers should be aware that varying an employee’s duties and responsibilities may have the effect of repudiating the employment contract, particularly if it materially impacts on the employee’s status within …
Penalties for failure to ensure employees have correct work visas
New laws introduce no-fault civil penalties for employers who fail to ensure employees have correct work visas and provide new investigative powers to the Department of Immigration and Citizenship. Changes …
Restraining ex-employees from poaching clients
Contracts to stop an ex-employee from poaching a company’s clients need to be carefully worded. A post-employment solicitation restraint is a clause in an employment contract that seeks to ensure …
Out of Hours Conduct leads to Dismissal
Employees should be aware that where out-of-work misconduct has an adverse effect on the workplace, it can constitute reasonable grounds for dismissal under the Small Business Fair Dismissal Code. Employers …
Constructive Dismissal
By Jacob Carswell-Doherty What is a “constructive dismissal”? Constructive Dismissal occurs when an employment contract is forfeited because the employer says or does something that the employee can reasonably treat …
Individual Employment Contracts
In 2012 about 38% of all employees were bound by an individual employment contract. An employment contract is a contract between an employer and an employee that governs the employment …
Employee Loses Appeal after being Sacked for Sending Porn
An Australia Post employee who was sacked after sending pornographic emails from his work email address to a friend, had initially been reinstated, but finally the courts found his dismissal …