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Australia
Unfair/ Wrongful Dismissal
Australia
Marque Lawyers
Although the FWC initially upheld dismissal for sharing the popular Hitler parody, it reinstated the worker on appeal.
Holding Redlich
The FWC upheld a claim for privilege over investigation documents sought by an employee in unfair dismissal proceedings.
Sydney Criminal Lawyers
Article discusses a recent FWC ruling and warns to be careful when venting or sending up a situation.
Coleman Greig Lawyers
2 cases help illustrate the danger of using remote methods of communication for termination & pre-termination conversations.
Cooper Grace Ward
Any new systems and methods for the collection and use of sensitive employee information must be legally compliant.
Coleman Greig Lawyers
Discussion about recent case where employers successfully defended an unfair dismissal claim.
Coleman Greig Lawyers
Absence from work may be a reason to dismiss, but it is not an exception to rules about termination or adverse action.
McCullough Robertson
Employers should continually review arrangements with casual employees, for any changes in the employment relationship.
Carroll & O'Dea
This case gave important clarification regarding the 21-day limitation period for filing an unfair dismissal application.
MDC Legal
The decision is a reminder for employers to carefully consider whether requests to work additional hours are reasonable.
Coleman Greig Lawyers
Could you stand in the shoes of a deceased applicant and continue their unfair dismissal proceedings on their behalf?
Stacks Law Firm
Interesting unfair dismissal case involving an employee who was sacked for not complying with the fingerprint policy.
Holman Webb
APS employees are not protected by an implied right to freedom of political expression, so could face disciplinary action.
Stacks Law Firm
The company claimed that his Facebook posts breached its social media policy and reflected adversely on its reputation.
Coleman Greig Lawyers
A "zero tolerance" alcohol policy may not necessarily mean instant dismissal for a first, relatively minor, infringement.
Sydney Criminal Lawyers
Australians had mixed reactions to the news that Israel Folau increased his claim against Rugby Australia to $14 million.
Swaab
Article discusses case where the employee who was let go was a repeat offender so their termination was not considered "harsh".
Coleman Greig Lawyers
The circumstances in which an employee can be dismissed as a result of a social media post are not often straight forward.
MDC Legal
Commission concluded that employer acted in good faith & dismissal of an employee who suffered PTSD & depression was not unfair.
McCullough Robertson
FWC endorsed approach taken by HR Department to dismiss an employee who could not perform the inherent requirements of her role.
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