by JFMLAW | Aug 30, 2018 | Termination
The Fair Work Commission handed down an interesting decision, finding that the Metropolitan Fire and Emergency Services Board’s reason for dismissal of an employee were invalid BUT that the firefighter’s dishonesty in regards to a professional ban he was facing in his...
by JFMLAW | Jul 24, 2018 | Termination
Terminating an employee can often be an arduous process that can get clouded with emotion from both parties. However, it is essential that the termination process is carried out in a careful manner from the very start. If the termination process is not managed, the...
by JFMLAW | Jul 23, 2018 | Employment Law, Termination
Not every unfair dismissal case is a winner. Let’s look at a case where the Fair Work Commission found that the employee’s failure to accept settlement offers was imprudent and delinquent and consequently ordered costs against the employee. In the case of Steven Post...
by JFMLAW | Jul 16, 2018 | Termination
The reason why the compensation payout one can receive is capped is on the basis that it can have a serious impact on the cash flow of the average Australian small to medium business. In one of our articles titled “Are you a high earner for the purpose of unfair...
by JFMLAW | Jul 9, 2018 | Termination
Generally, unfair dismissal claims can be presented before the Fair Work Commission if an employee can show that the termination was harsh, unjust or unreasonable. Prior to 1 July 2018, the high earner threshold was $142,000. Now the income has increased to $145,400....
by John Morrissey | May 8, 2018 | Termination
An employer does not have a legal right to dismiss an employee because they have exercised a workplace right to take leave. Our law states that disciplinary procedures need to be fair and reasonable therefore, terminating an employee on leave or who is temporarily...