Posts Tagged ‘Termination of Employment’
Can an Employee who resigned bring an action for unfair dismissal? 3 tips Employers need to know about resignations during performance management
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 MoreQANTAS decide to Mandate COVID-19 Vaccine for all Staff
Following on from the introduction of a Compulsory Vaccine Policy introduced by SPC and the updated guidance from the Fair Work Ombudsman QANTAS have decided to take a monumental step in introducing a compulsory vaccination policy for all staff. Their frontline workers such as pilots and cabin crew will need to be vaccinated by 15 November 2021 and the…
Read More4 Burning Questions Employers have been asking NB Lawyers – lawyers for employers regarding SPC’s decision and their COVID-19 Mandated Vaccine Policy?
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 More5 Key Risks all Advisors need to know about Termination of Employment
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 More15 text messages and 9 phone calls (amongst other things) to a Council HR Manager found to be excessive and intimidating – 2 learnings for dealing with intimidating employees
A Council employee was found to have engaged in serious misconduct for amongst other things harassing and being disrespectful to the HR manager. In the decision of Stamoglou v Banyule City Council [2020] FWC 4722 (15 September 2020) (Banyule Council Case) an employee filed an unfair dismissal claim saying that the Victorian Council that he worked for…
Read MoreWhat 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 when selling or transferring a business. There are 2 main situations in a…
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,…
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