Quick Guide To Appearing Before The Fair Work Commission
Unfair dismissal claims, bullying applications and general protections claims may mean you could be appearing before the Fair Work Commission. The Fair Work Commission is a workplace relations tribunal whose key responsibility is to hear and adjudicate disputes between employers and employees under the Fair Work Act 2009. How does it work? There are 4 […]
3 Steps Of The Unfair Dismissal Process
The unfair dismissal process may be daunting and confusing. However, there are three main steps that you can follow to better understand the procedure. Step 1: The Unfair Dismissal Application If you have been unfairly dismissed, you must make an unfair dismissal application. This process is a legal process and it is not just about […]
Confidential Information In A Nutshell
Confidential information for the purposes of an employment relationship is information that is unique to the business. It is this information that should be protected in a deed of release and employment contract. Defining what is confidential information Information or skills that are ordinarily known in a certain business or industry would not constitute confidential […]
Genuine Redundancy or Unfair Dismissal?
Whether a case leans towards a genuine redundancy or unfair dismissal depends on elements within the employment contract, or lack there of. In today’s economic climate, it is very common from employers to make employees redundant. But if the redundancy is not genuine, an employee may initiate an unfair dismissal claim against their employer. There […]
How Performance Improvement Policies Boost Workplace Results
Being skilled, resilient and hardworking are the premise of a successful workplace. Well-constructed Performance Improvement Policies can involve ongoing performance check-ups to keep up standards. Performance improvement policies are put in place to better improve the workplace environment. These may include scheduled weekly meetings or team building exercises. During weekly meetings, both employees and employers […]
Why An Unfair Dismissal Case Was Unsuccessful
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 v NTI Limited T/A NTI [2016], the Fair Work Commission has ordered indemnity […]
Why Is An Unfair Dismissal Compensation Payout Limited?
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 dismissal claims?”, we discussed the high […]
Does the Fair Work Commission have the power to make a costs order?
What is a costs order? The Fair Work Commission has the power, in certain circumstances, to order a party to pay the legal costs for the other party. The power to do this comes from the Fair Work Commission issuing a ‘costs order’. When does the Fair Work Commission consider a costs order? The Fair […]
Are You A High Earner For The Purpose Of Unfair Dismissal Claims?
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 $175,000. So, what does this wage increase and associated changes mean? High income […]
What foreigners need to know about employment laws in Australia
Employment laws in Australia and the Fair Work Act Many international companies and foreign government bodies have operations in Australia and many Australians find themselves working for Australian companies overseas. Are those employers and employees governed by the Fair Work Act? Foreign Companies A company that is incorporated overseas and employs workers in Australia is […]