Many National Disability Insurance Scheme (NDIS) support providers do not realise the risk involved in navigating the disability support industry and its underpinning framework. This is particularly relevant as NDIS support providers are often also employers.    The NDIS is a government-run program designed to assist people with disabilities. Recently, NB Lawyers – Lawyers for…

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A number of consultants, advisors, accountants, bookkeepers and business coaches have asked us recently about termination of employment.  In particular, what are some of the issues to understand so that Employer’s risk and liability can be mitigated and even dissipated. 1. Unfair Dismissal Risk For many advisors there is an understanding of unfair dismissal and…

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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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A general protections claim is one application an Employer does not want to receive.  Ask any employer lawyer, human resources manager or employee relations specialist and when it comes to employment law – a general protections claim are difficult to traverse.  In previous articles we have wrote about: When You Get It Wrong, 3 Mistakes…

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Access to confidential information is part and parcel of work for many employees especially those working in finance, professional services and technology based businesses.  The ANZ Bank recently dealt with a case where an employee filed an unfair dismissal claim after she was dismissed for: Undertaking an unauthorised celebrity search on the database Doing searches…

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Unfair Dismissal cases have increased this year. Numerous issues have prevailed and as Employment Lawyers we have had to deal with difficult and unique challenges for employers. Cleaning companies have had mixed success during COVID-19 – some companies have been busier than ever.  Others have struggled to continue their contracts. Many have unfortunately been in…

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