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...

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...
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...