An employee who fails to perform their role or duty satisfactorily should normally be placed on some sort of performance management. Under performance management, the employee is supervised more closely to ensure that the performance of their role meets the employer’s standards. The Employee … [Read more...] about What Are the Legal Requirements of Performance Management To Prevent An Unfair Dismissal Claim?
Reinstatement is a Primary Right of Dismissed Employees Under Australia’s Dismissal Laws
A senior executive had a row with a regional HR manager over a PowerPoint presentation with typographical errors. The Senior Executive told the HR manager not to put his name to the PowerPoint presentation as it was not the Senior Executive who authored the presentation. The HR Manager then began … [Read more...] about Reinstatement is a Primary Right of Dismissed Employees Under Australia’s Dismissal Laws
Termination of Employment of Two Guards for Negligence, Found to Be Harsh
Two guards worked together, and their main role was to pick-up, transport, and deliver money in an armoured vehicle for the clients of their security firm. They picked up a shipment of about $59,000 from the office of a client. On their way to transport the money, they noticed that the outer doors … [Read more...] about Termination of Employment of Two Guards for Negligence, Found to Be Harsh
FWC Orders Compensation for Employee over ‘Surprising’ Dismissal : Lessons from bullying and harassment lawyers
The recent case of Steven Biffin v XL Express Pty Ltd T/A XL Express [2017] FWC 3702 highlighted a number of issues of substance and procedure in validly dismissing an employee. This case shows how unsubstantiated allegations of bullying against an employee can result in the dismissal being deemed … [Read more...] about FWC Orders Compensation for Employee over ‘Surprising’ Dismissal : Lessons from bullying and harassment lawyers
Racial discrimination Under the Fair Work Act 2009 By Our Discrimination Lawyers
One of the general protections provided for in the Fair Work Act 2009 is protection from discrimination in the workplace. Under the Act an employer cannot take adverse action, be it dismissing the employee or otherwise, against an employee or a prospective employee, on the basis of several listed … [Read more...] about Racial discrimination Under the Fair Work Act 2009 By Our Discrimination Lawyers
No Fun For Basketball Coach – Case Example From Redundancy Lawyers, Perth
In Daniel KerlevBasketball Tek Academy Pty Ltd T/A Basketballtek[2017] FWC 962, the employee, Mr Kerle, was a basketball coach and admin officer for Basketballtek. However, after just 9 months of employment, Mr Kerle was dismissed on 17 October 2016. Mr Kerle then claimed that his dismissal was … [Read more...] about No Fun For Basketball Coach – Case Example From Redundancy Lawyers, Perth