Posts Tagged ‘Termination of Employment’
When is a resignation really a resignation – our top 3 tips for Employers
We have recently been asked by a client if they could treat a resignation by a disgruntled employee as a genuine resignation. The employee had felt stressed by events in his personal life and believed unjustified criticism was being directed towards him. He appeared to have verbally resigned at a performance management meeting and partially…
Read MoreThe Pink Folder – Senior Employees and their duties of trust and confidence (3 Tips for Employers)
Senior employees are often in a position of trust with their employers, to the extent they may owe an implied common law duty of fidelity to their employer, irrespective of the terms of their employment contract. This duty is often implied as a result of a senior employee’s access to confidential information, their knowledge of…
Read MoreRedundancy in a business sale – what Employers need to know
Redundancy in a transfer of business situation will usually be in circumstances where the “new” employer does not want to bring the employee onboard (for whatever reason) or the employee does accept a suitable alternate position. A recent case before the Fair Work Commission of Gravenall [2020] FWC 4499 (26 August 2020) (Gravenell Case) demonstrates…
Read MoreGeneral Protections Complaint – Huge future economic loss $Pay-out due to COVID-19
$664,601.38 payout! A staggering amount was awarded to an employee for breach of the General Protections – a substantial portion of this was assigned to the difficulty the applicant would have in obtaining employment in the current COVID-19, pandemic effected environment. TheFederal Circuit Court (FCC) has recently awarded an employee compensation to the tune of…
Read MoreHow we can help? Ensuring Redundancies are ‘Genuine Redundancies’
Unfair Dismissal Applications – When an employee alleges their termination of employment was harsh, unjust or unreasonable, the Fair Work Commission (the FWC) is required to consider a number of preliminary matters[1] including whether the employee was a person protected from unfair dismissal. One of these matters is whether the employee’s dismissal was a case…
Read More3 Practical Legal Tips for HR Practitioners in Manufacturing to overcome legal obstacles
COVID-19, the pandemic has caused massive disruption to industry. Manufacturing has been no exception and although there have been a number of companies who have benefited from clients “going local” and others who have pivoted into other areas – hand sanitizers been an obvious one. Many HR professionals in Manufacturing companies are coming to grips…
Read MoreWhat can Business expect from the IR Roundtable? 4 Reforms potentially on the table
In recent times we have had a number of unique and challenging decisions come out of the Fair Work Commission – Skene and Rossato come to mind. We have also had a pandemic which has led to a number of changes to Modern Awards, directions and stand downs. New challenges have been forced on organisations…
Read MoreReducing Redundancy Entitlements? – 3 factors to consider
As we step through the long standing effects of COVID-19, JobKeeper starts to dissipate in time and Employers look to restructure their business in response to less demand or increased efficiencies redundancies will be a very usual occurrence. How can Employers reduce their redundancy entitlement payments? Here are 3 factors to consider……… Factor 1 –…
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