When can I lawfully terminate an employee on modified duties?
An employee can be placed on modified duties if they become ill. The modified duties generally involve a temporary variation of the employee’s duties. Often, the duties are lighter and not as arduous on the employee. The purpose of modified duties is to allow the employee to recover and eventually return to their original duties […]
How should I dismiss an employee and avoid issues?
Employers who want to dismiss an employee need to ensure that the employee is given an opportunity to respond to every single fact, circumstance or reason which the employer proposes to rely upon to dismiss the employee. A Cautionary Tale In Remmert v Broken Hill Operations Pty Ltd [2016] FWC 6036, the Fair Work Commission held […]
Non-Solicitation Clauses
In Entello Pty Ltd v Firooztash [2016] QDC 050, the Queensland District Court granted an injunction against a financial advisor who had breached a restraint of trade clause by soliciting his employer’s former clients. The decision is a good reminder for all employers about the importance of including restraint of trade clauses in employment contracts […]
Summary Termination for Workplace Misconduct
In Bartlett v Australia & New Zealand Banking Group Ltd [2016] NSWCA 30, the New South Wales Court of Appeal found that an employee had failed to prove that the employee had actually breached his employment contract prior to summarily terminating his employment. The decision is an excellent refresher on the key principles of workplace […]