Terminating an employee on Workers’ Compensation in NSW
Before dismissing an employee on workers’ compensation, you must follow a fair process. This case is good authority that if you do it right, you won’t be subject to compensation or a penalty.
How procedural fairness can affect an unfair dismissal case
Procedural fairness should come into play when an employee is terminated from their workplace. They should be given the opportunity to defend themselves and provide a response to an employer’s allegations before any disciplinary action is taken. Termination of an employee should not be decided with any bias or pre-conceived ideas of the employee’s guilt. […]
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 difficult to prove. Workplace investigations and allegations of constructive dismissal At JFM Law we […]
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 reaches the view that either the employee is not being completely honest about their condition, […]
What you should know about using CCTV cameras in the workplace
As an employer, you might think it a good idea to use CCTV cameras in the workplace to confirm your suspicions about an employee’s poor performance. But you could find yourself facing unfair dismissal charges. Krav Maga Defence Institute is an organisation teaching self-defence techniques based on the training provided to the Israeli Army. It […]
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 digital marketing solutions. Chessons’ failure to follow correct disciplinary and termination procedures when dealing with Ms […]
Are you aware of unfair dismissal rights for casual workers?
On 23 January 2020, the Fair Work Commission passed down a re-determination in the matter of Angele Chandler v Bed Bath N’ Table Pty Ltd, allowing for casual employees meeting certain criteria to have access to unfair dismissal remedies. Ms Chandler was employed as a casual at Bed Bath N’ Table for a period of […]
How to deal with flexible working arrangements requests
Flexible working arrangements have been a source of discontent in some workplaces since the introduction of the Fair Work Act in 2009. At issue have been the extension of flexibility for family reasons to fathers as well as mothers, and possible disruptions to the workplace caused by some workers having different hours from others. In […]
Dealing with the Fair Work Ombudsman
While the Fair Work Ombudsman may appear to some employers mostly as an agent designed to enforce Fair Work legislation, they also serve a very helpful purpose by providing advice and education to businesses and employers in general. Points to bear in mind If you are an employer and are unsure of your Fair Work […]
Poor Performance vs Poor Conduct
Australian employment law differentiates between poor performance and poor conduct. Poor performance is a failure to complete work, tasks or duties to the required standard. Poor conduct is misconduct in the workplace such as consistently being late to work, acting inappropriately among other staff or other forms of misconduct. Dealing with minor poor performance Minor issues of […]