Posts Tagged ‘Termination of Employment’
What are Employer obligations when selling or transferring a business? 3 Main Options for Business in Australia
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. There are 2 main situations in a sale. The first is the sale…
Read More3 ways Reinstatement can be ordered by the Fair Work Commission? A cautionary Unfair Dismissal tale for HR officers and HR managers
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…
Read MoreCOVID-19 Policy can protect an Employer from an Unfair Dismissal Claim – 2 burning questions to answer
The COVID-19 pandemic has led to a number of changes in the workplace and as a result, the Fair Work Commission has seen a major spike in unfair dismissal and general protections claims. Minimising health and safety risks through policy development around exposure to COVID-19 is near the top of many lists for human resources,…
Read MoreEmployer lawyers 4 tips to deal with a General Protections Claim
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 MoreWill directing an employee to take the vaccine be held reasonable? 3 Takeways from the “Goodstart Early learning” case
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…
Read MoreDoes Serious Misconduct still require a Reasonable Opportunity to Respond before Termination of Employment? 2 Prime Ways to Mitigate Risk and Liability
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 MoreSexual Harassment changes coming in the workplace – 4 changes indicated by the Respect@Work report
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…
Read MoreRedundancy: 3 pitfalls for HR to avoid a (almost) $300K claim – the story of Pizza, Beer and Toyota
The District Court of NSW has made a decision on a case involving a termination of employment mere days before a significant redundancy payment was owed to a long standing employee (20 years). Ultimately the Court found in favour of the employee awarding almost $300,000.00 in damages. The case of Sherry v Toyota Motor Corporation…
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