Why Procedural Fairness in Dismissals Matters for Your Business
Avoid costly unfair dismissal claims with a fair and lawful approach. Understand your obligations under Australian employment law and how to manage terminations the right way.
Rostering and casual employees
As a business owner, you cannot be unaware of the risks of employing staff on a casual basis. In previous articles we have discussed the dangers of misidentifying permanent part-time workers as casual workers and the real cost of casuals. Now you need to know what you, as a business owner, need to do to protect yourself from an unfair dismissal claim.
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 […]
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 Prevent Unfair Dismissal Cases
Claims of unfair dismissal arise in many different circumstances, but all are costly and inconvenient. Catch the potential trouble before it starts. Here are some recent unfair dismissal cases and the procedures that could have avoided them. Case #1 Not Having Procedures In Place A Sydney puppy farm’s reasons for dismissing a casual kennel hand […]
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 […]
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 […]