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Searching Content indexed under Unfair/ Wrongful Dismissal by Coleman Greig Lawyers ordered by Published Date Descending.
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1
Are out of time applications fatal to an unfair dismissal claim?
The Commission has discretion to grant an extension of time if it is satisfied that "exceptional circumstances" exist.
Australia
2 Aug 2019
2
Offensive language within the workplace: When does it cross the line?
Employers should have well-defined policies to outline standards of conduct expected of employees within the workplace.
Australia
29 Jun 2019
3
Employment law changes for the 2019-20 new financial year
Numerous reference points relevant to employment law will now alter, due to annual indexation and changes to the law.
Australia
29 Jun 2019
4
Qantas decision to terminate an employee despite 31 years of service deemed reasonable
Regardless of a strong employment record and significant tenure, serious misconduct can easily result in termination.
Australia
24 May 2019
5
My employee resigned and now says that they were forced to do so! Constructive dismissal explained
Constructive dismissal is when an employee resigns, but then claims that they really had been forced into that decision.
Australia
14 Feb 2019
6
Can an employee withdraw their termination? Do you have to accept an employees termination for it to be valid?
Exceptions to the rule that the only way a termination can be withdrawn is by the consent of both the employer & employee.
Australia
5 Jun 2018
7
Defining managerial and directorial roles and can these employees make unfair dismissal claims?
If they earn less than the high income threshold, employees not covered by an award can make an unfair dismissal claim.
Australia
23 Apr 2018
8
Terminating an employee based on their inability to perform the inherent requirements of a job
An employer must have a valid reason to terminate the employee, and the process followed must be procedurally fair.
Australia
10 Mar 2018
9
Terminating employment during the probation period
Employers are not always protected from any employee claims if they terminate employment during the probation period.
Australia
4 Dec 2017
10
When is reinstatement likely? An inmate escaped, but the correctional services officer kept his job
The case highlights points which should be considered before terminating employment, to avoid unfair dismissal claims.
Australia
17 Nov 2017
11
It is my birthday and I will drink if I want to - was the dismissal harsh?
Although the FWC found the drinking was a valid reason for termination, it also concluded that the dismissal was harsh.
Australia
3 Nov 2017
12
Robbery, but not under arms: did the safety policy still apply?
Employers should focus on the actual provisions of a policy to make sure it does apply before using it for termination.
Australia
3 Nov 2017
13
If an employee is pregnant or on parental leave, can they still be made redundant?
It does increase the risk of the employee claiming that the redundancy or termination was influenced by that reason.
Australia
19 Sep 2017
14
New financial year employment law update 2017-18
Many reference points relevant to employment law will now alter, because of annual indexation and changes to the law.
Australia
4 Jul 2017
15
Can I terminate an employee who has been charged with a criminal offence? Do the rules change if they are convicted?
There should be no presumption that a criminal conviction (or the possibility) alone is a valid reason for termination.
Australia
15 Jul 2016
16
Four lessons employers need to know about terminating employment over personal social media posts
Both employees and employers need to be mindful of where to draw the line between private and public communication.
Australia
13 Jun 2016
17
Counting down the minutes - Is being late a legitimate basis to terminate employment?
Have you considered whether being late to work would constitute a legitimate basis to terminate employment?
Australia
8 May 2016
18
The absent employee - Can you terminate for repeated absenteeism?
Each case of termination must turn on its own set of facts: sometimes termination is justified, at other times it is not.
Australia
26 Apr 2016
19
ANZ culture shock: What to do when employees run wild
The employee argued that it was unreasonable to be dismissed for engaging in conduct that was in line with bank culture.
Australia
4 Mar 2016
20
If a fixed term employment contract expires, do all issues go away?
Acknowledge any issue and deal with it properly, rather than thinking it will go away on the expiration of the contract.
Australia
8 Feb 2016
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