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…

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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…

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The rise of workplace bullying, unfair dismissal and general protections claims in the Fair Work Commission is not surprising considering the current economic and business climate. Managers and supervisors gaining an understanding of what is reasonable management action done in a reasonable way must be learned and trained – organisations and employers need to seriously…

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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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The phenomenon of employees taking on “side hustle” projects or secondary projects is nothing necessarily new.  The increase in secondary employment and multiple/diversified income streams has also been given a boost with the onset of COVID-19. A number of Employers have taken to terminating the employment of employees due to secondary employment or side hustle…

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The workplace is going through numerous change, and dismissal of staff members especially more senior staff and more highly paid employees is highly likely.  As rent relief, JobKeeper and Government funding start to end we will start to see a number of organisations make major decisions around executive teams, management and staff. Get these decisions wrong and it could cost a company $5.2 Million!  $5.2 Million!…

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