One of the most important aspects of making an unfair dismissal claim is that an employee needs to have been dismissed from their employment, within the legal definition. Problems that employment lawyers see often arise with this where an employee has not been traditionally fired, but has instead … [Read more...] about What is Constructive Dismissal?
Why it is Important to obtain Advice in the Workplace and to follow it
In CFMEU v Hail Creek Coal Pty Ltd [2016] FCA 1032, an employee was awarded almost $1.3 million for his employer’s repeated wrongful actions against him. The employee, Mr Haylett, was referred to by the trial judge as having “a remarkable history of resilience” in successfully arguing an adverse … [Read more...] about Why it is Important to obtain Advice in the Workplace and to follow it
What Can Dismissed Employees Do?
There are a number of legal avenues you can pursue in Australia if you have been dismissed from your job in unjust circumstances. The two most common actions available for dismissed employees in Australia under the Fair Work Act 2009 are: An Unfair Dismissal claim ; and A General Protections … [Read more...] about What Can Dismissed Employees Do?
Remedial Damages in Adverse Action – Can Distress and Humiliation Damages for an award of money be payable?
Under the General Protection provisions in Australia, the court has wide discretion as to the type of remedial option it takes to redress loss and damage suffered by a successful applicant in a case. In the recent case of Storey v The Monitoring Centre Pty Ltd & Ors, the Federal Circuit Court … [Read more...] about Remedial Damages in Adverse Action – Can Distress and Humiliation Damages for an award of money be payable?
Dismissal for redundancy requires proof of a genuine redundancy
A 65 year old man had been working for 4 years with a corporation that manufactured transportable sheds. He was given notice that he was being dismissed effective two weeks after receipt of the notice. He was told that for the two months prior to his dismissal, the company had been … [Read more...] about Dismissal for redundancy requires proof of a genuine redundancy
Adverse Action: Was the Dismissal because of Redundancy or Discrimination?
The following case was a recent decision in the Federal Circuit Court of Australia . The case gives you an idea of how the court deal with adverse action claims and how it decides whether someone's job was terminated because of redundancy or discrimination. The law is complex regarding this issue … [Read more...] about Adverse Action: Was the Dismissal because of Redundancy or Discrimination?