How can I avoid a costly claim? The definition of unfair dismissal relates to when an employee’s employment is ended at the direction of the employer and when the reason for the termination is deemed to be harsh, unjust or unreasonable. If a claim brought to the Fair Work Commission (FWC) is substantiated, possible remedies […]
While most companies put a great deal of effort into their recruitment and onboarding process, the offboarding process can be just as important in the employee lifecycle. Taking the time to ensure a detailed handover, return of equipment and resources, processing final payments, conducting exit interviews and communicating the departure to the wider community, each
In the context of an unfair dismissal application, and where an employer is submitting that the termination arose as the result of a ‘genuine redundancy’, it needs to be demonstrated that it is the employee’s ‘job’ that is no longer required to be performed. Redundancy is not intended to be used to terminate an underperforming
Genuine Redundancy – Is it the role or the person? Read More »
Notice periods continue to raise many questions as to how employers may treat the absences of their employees. Can an employer cancel an employee’s approved leave, either the entire period or what remains, when the employee has provided notice? The answer is No. An employer cannot unilaterally withdraw approval for leave that has already been
Approved Annual Leave and Absence During Notice Periods Read More »
Employee turnover – Why may your employees leave? You will have heard the age old saying – ‘Your employees are your company’s greatest asset’. That is why employers are often left scratching their heads wondering what happened when a strong performing employee resigns without warning. While there are a number of reasons why an employee
Employee turnover – Why may your employees leave? Read More »
Notice Periods How do they work? Whether an employee resigns from their position, or they are terminated, a period of notice is generally required to be provided by the initiating party. In other words, a notice period is the length of time that an employee or employer must give to end the employment relationship. Where
Whether an employee is permanent or casual, a fair and due process is always required when considering a termination of employment. A dental practice who terminated a casual assistant and replaced her with a permanent worker, has been found to have discriminated against the casual employee and are now forced to compensate her $10,000 for
