What You Should Include In An Employment Deed Of Release
An employment Deed of Release is a legal expression used to settle disputes or prevent them from arising in the first place. A Deed of Release is often a win/win situation as both parties come to a mutual agreement and grounding of compromise. The term ‘Deed of Release’ means just that, to release the other party […]
Is Genuine Redundancy A Redundant Concept?
When employers engage with a genuine redundancy, it is important for them to note their obligations. Redundancies are often a sensitive but necessary option for employers to take if the role being filled is no longer required. In an unfair dismissal context, section 389 of the Fair Work Act 2009 (Cth) provides that a person’s […]
Can Casual Workers Claim Unfair Dismissal?
The Fair Work Commission has recently handed down a decision which provides increased access to unfair dismissal claims by casual workers. Particularly those employees engaged in the labour hire industry. In the case of Robert Smith v Goldfields People Hire Pty Ltd [2017] FWC 6730 (“Goldfields”) a casual worker made an unfair dismissal application for […]
Do you need to make an employee redundant?
In today’s changing economic and technological environment the process of making an employee redundant is very common. Did you know that as an employer, you have strict statutory duties and responsibilities to follow in respect of that redundancy? If those responsibilities are not carried out, then the redundancy may not be genuine, and you will […]
Managing Leave: A Quick Guide for Busy Employers
When it comes to managing leave in the workplace, no matter what the length, it can be murky water to swim in. The Fair Work Act details leave in its entirety; annual, sick, parental and many more. Here is a summary of the different types of leave. Annual Leave All full time employees are entitled […]
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 […]
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 […]
Is Sexual Harassment Widespread And Pervasive?
Despite the efforts of the #MeToo movement and the increasing global awareness of sexual harassment in the workplace, it continues to be prevalent and damaging in Australian workplaces. According to the Commissioner Kate Jenkins, only 17% of people who experience sexual harassment make a formal complaint or report while 71% of Australians have experienced it […]
Is employee dishonesty a fair reason for dismissal?
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 previous profession as an osteopath due to indecent assaults was a valid reason […]