While this may come as a surprise to some employers, there are in fact some circumstances where an employee’s resignation may be deemed a dismissal under the Fair Work Act 2009 (Act).  In a matter before the Fair Work Commission (FWC), (Christine Sandra Becker -v- Greater Bank Limited [2021] FWC 5063) Greater Bank Limited (Employer) defended an unfair dismissal claim brought by a…

Read More

SPC’s recent decision to mandate COVID-19 vaccinations will likely be a legal test for those Employers outside of Aged Care, Health and Child Care.  It is a test on several fronts but in particular the practical commercial implications of an Employer dealing with snap lockdowns, quarantining and work from home limitations coupled with legitimate health…

Read More

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…

Read More

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…

Read More

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…

Read More

A question asked many times by clients is when a scenario involving serious misconduct is put to us – can we now terminate their (the employee’s) employment?  Our response (with some adjustment) is usually – “of course you can – you are the Employer, however the key question really is – what would happen if…

Read More