Posts Tagged ‘Termination of Employment’
What if an employee expresses their own personal opinion on mandatory vaccination, domestic violence and homosexuality which goes against the Employer’s values? (5 Key learnings)
Many organisations have particular values and public positions on social issues such as domestic violence, the black lives movement, #metoo campaign, sexuality, racism and vaccinations. You only have to take a quick glance at Facebook or other similar social media platforms to see that many people have very diverse and in some cases strong opinions…
Read MoreWorkplace Relationships and Affairs – Is Power Imbalance enough to terminate? 6 key points Employers need to know
Dr. Scott Morrison (Not to be confused with the Australian Prime Minister) lodged an application for unfair dismissal with the Fair Work Commission (FWC) after his employer, Australian National University (ANU) terminated him from his position as Associate Professor in the Mathematical Sciences Institute. Circumstances of the Termination – the case of Scott Morrison v…
Read MoreAdverse Action, Long term illness and Disability – 4 Important Points to consider in the case of Western Union v Robinson
The leading case of Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC (Western Union Case) gives Human Resources teams a decision to rely upon when to comes to issues around: Disability Long term illness General Protections cases Decision In the Western Union case the Full Bench of the Federal Court decided the…
Read MoreYour Employee just resigned – Now What? 6 Legal Issues for Employers and HR to consider
While many employees return to the office energized and refreshed for the new year, there is a minority where the new year break has crystalised or increased their dissatisfaction with their current roles. It is not uncommon for frontline Managers to return in the new year and find that they are faced with a request…
Read More4 of today’s Major Human Resources challenges for Employers
As we head into another new year the effects of COVID-19 on the workplace and in particular employment law has been widely felt. Even for those industries and companies who are seeing growth opportunities now, the initial impact had many in precarious and uncertain positions. The team at NB Lawyers – lawyers for employers assisted a number of Employers, Human Resources teams, People and…
Read MoreCouncil says Serious Safety breach warrants termination: 2 Garbage Collectors pay a hefty price (3 lessons for Councils)
A 62 year old with 42 years of service with the City of Sydney Council challenged his dismissal which cost him (amongst other things) a $70,000 entitlement. The Commission however found in favour of the Council citing the safety breaches had potential consequences for “catastrophic and avoidable” injuries. In Hamlin v City of Sydney Council [2021] NSWIRComm…
Read MoreMisconduct, disciplinary processes and show cause…..4 Tips for HR and Employers to defend a dismissal claim
There is an air of inevitability for a number of HR and Employers having to deal with: directions not been followed, disciplinary action, testing of current policies and procedures dismissal claims Here are some tips to deal with these issues: TIP 1 – Exercise discretion in conducting a disciplinary process Employers and HR should…
Read MoreMandatory COVID-19 Vaccine – 60 Queensland Police Service employees test compulsory vaccinations in the workplace
The issue of mandatory vaccines or compulsory vaccinations has become a significant issue for Employers. There have been some mixed messages coming out from the media and keeping up to date with changes from Government mandates can be difficult. The Queensland Police Service (QPS) and the Queensland Industrial Relations Commission (QIRC) Full Bench decision has…
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