How to stand down your employees

How to stand down your employees

As we saw in the global COVID-19 pandemic, unforeseen circumstances may put business owners in the bleak situation of having to shut down their workplace (or part of their workplace) for a period of time. Section 524 of the Fair Work Act 2009 (Cth) provides...
Terminating an employee on Workers’ Compensation in NSW

Terminating an employee on Workers’ Compensation in NSW

Terminating an employee on workers’ compensation is a very delicate process and may expose you to significant liability if you don’t do it in the correct way. In particular, you may breach section 385 of the Fair Work Act 2009 (NSW) if you terminate in...
What should you expect from a constructive dismissal?

What should you expect from a constructive dismissal?

What is a constructive dismissal? An employee has experienced constructive dismissal if they had no other choice other than to resign because of action taken by the employer. The threshold for succeeding in a constructive dismissal case is high and generally very...

Dealing with excessive sick leave and termination

Most employers are understanding and compassionate when one of their employees gets sick or suffers a significant injury. There are many stories of employers going above and beyond to support their employees. However, there are cases when an employer reasonably...
An unfair dismissal payout can be costly

An unfair dismissal payout can be costly

A case from 2018 highlights several problems connected with dismissal of employees, and led to a costly unfair dismissal payout for employers. The case was that of Knutson v Chesson Pty Ltd. Chesson P/L trades as PayPerClick and specialises in performance-based...