ARTICLES

Employment Law

15 text messages and 9 phone calls (amongst other things) to a Council HR Manager found to be excessive and intimidating – 2 learnings for dealing with intimidating employees

By NB Lawyers | July 4, 2021 |

A Council employee was found to have engaged in serious misconduct for amongst other things harassing and being disrespectful to the HR manager.  In the decision of Stamoglou v Banyule City Council [2020] FWC 4722 (15 September 2020) (Banyule Council Case) an employee filed an unfair dismissal claim saying that the Victorian Council that he worked for…

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How to Make an Employee Redundant and Avoid legal risk – 4 Quick Tips for Employers

By NB Lawyers | June 29, 2021 |

Redundancy is a legitimate reason for terminating employment. However, managers need to ensure proper process is followed to avoid unfair dismissal and adverse action claims under the Fair Work Act 2009 (FW Act). When it comes to Redundancies, even the best intentions can put your business at risk. “Genuine redundancy’ vs. “Unfair Dismissal” – the pain of…

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What is reasonable management action? It does not need to be perfect.

By NB Lawyers | June 15, 2021 |

The rise of workplace bullying, unfair dismissal and general protections claims in the Fair Work Commission is not surprising considering the current economic and business climate. Managers and supervisors gaining an understanding of what is reasonable management action done in a reasonable way must be learned and trained – organisations and employers need to seriously…

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What are Employer obligations when selling or transferring a business? 3 Main Options for Business in Australia

By NB Lawyers | June 14, 2021 |

NB Lawyers – lawyers for employers are assisting a number of clients with business sale transactions.  One of the main considerations by many Employers in Australia who are looking to sell their business is the question around employee entitlements and legal obligations when selling or transferring a business. There are 2 main situations in a…

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3 ways Reinstatement can be ordered by the Fair Work Commission? A cautionary Unfair Dismissal tale for HR officers and HR managers

By NB Lawyers | May 31, 2021 |

As we all know the primary remedy for an unfair dismissal claim is reinstatement. A recent unfair dismissal decision against a manufacturing food processor led to reinstatement of the employee in the Fair Work Commission. In the decision of Whitfield v Primo Foods Pty Ltd [2021] FWC 2729 (13 May 2021) (Primo Foods Case) the…

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