An interesting unfair dismissal case which shows the importance of affording an employee procedural fairness in a summary dismissal (which sometimes seems counter-intuitive). Some facts below: The applicant was a shopfitter and cabinetry maker for about 5 years. The...
Is it unfair dismissal if my employment is terminated because I refuse to accept a pay reduction?
As a result of the ongoing effects of the COVID-19 pandemic many employers have changed how they operate, including standing down staff and changing their work hours. Some have even asked their employees to take a pay cut. Is this possible?
What do you do when an employee has been on extended sick leave for a long period of time?
What do you do when an employee has been on extended sick leave? There is a clear process to follow to reach a fair outcome.
How to change rosters or ‘ordinary hours of work’ for your permanent employees
You need to take care when making changes to rosters for permanent employees. There are some processes you need to follow to avoid workplace breaches.
Enforcing legitimate non-solicitation and restraint-of-trade clauses in NSW
What steps have you taken to protect your customer and client relationships? Do you have enforceable non-solicitation clauses in your employee contracts?
Are you the victim of sexual harassment, victimisation or discrimination in NSW?
More and more people are feeling empowered to express their own stories of sexual harassment, victimisation or discrimination, and seek justice through compensation avenues.
Part time employees recovering redundancy pay!
If your employment changes from full time to part time, then you may have a claim for notice, redundancy pay, and a pay-out of your leave entitlements.
Employer required to pay redundancy for part time employee
A recent decision of Broadlex Services Pty Ltd v United Workers’ Union [2020] FCA 867 in the Federal Court of Australia has affirmed that an employee who has their job title change from full time to part time without voluntary acceptance by the employee is likely be...
Get a binding agreement before withdrawing from the FWC!
If you reach a settlement with your employer about an unfair dismissal claim, make sure you get a binding deed of release/settlement in place before you withdraw your claim from the Fair Work Commission.
Deregistered employer was still liable for unfair dismissal
Yuening Fan v Integrated Pest Management Systems confirms that an employee can make an unfair dismissal application against a deregistered company.
When can casuals claim annual leave
Casual employees are paid a ‘loading’ due to their casual status. However, a casual employee may also be entitled to other statutory benefits, such as annual leave and sick leave. Find out when this applies.
Increases to unfair dismissal caps and tax free genuine redundancies
It’s 30 June again, and this means increases to the various employment law dismissal and termination thresholds.
Why you need to keep accurate employee records to avoid underpayments
Running a business usually means that you're flat-out, with endless tasks which need to be done. It's important that one of those tasks is ensuring you keep proper employment records as prescribed by the Fair Work Act 2009 (Cth). While this may seem like a low...
Working out if I’ve been underpaid
Most employers do the right thing and pay their employees the prescribed rates of pay under the Fair Work Commission Modern Awards or the National Minimum Wage. A small minority do not, and if you're employed by one of these then you are missing out on what is...
What is a genuine redundancy?
The law governing the end of employment by way of redundancy is very strict and requires compliance with section 389 in the Fair Work Act 2009 (Cth). Find out what this means.
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