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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We have discussed at length in two articles Can Australian Employers Force An Employee To Get Vaccinated? 3 Considerations From An Employment Lawyer and COVID-19 Vaccinations Are Coming – What Now? 5 Questions For Australian Employers To Consider whether an Employer can direct an employee to get the COVID-19 vaccination for workplace purposes. In the…

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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…

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Scott Morrison and the Federal Government have announced a clear initiative to (in principle) accept a significant amount of the 55 recommendations around sexual harassment. There are some overarching themes with the changes and what has been pushed is a more clear path and more distinctive grounds for employees to file sexual harassment complaints, applications…

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