201511.04
0

What is Serious Misconduct? What is Unfair Dismissal?

For those who are reading this article to learn more about Unfair Dismissal Remedy Applications with Fair Work Australia, we outline some fundamental definitions which you should be familiar with. Serious Misconduct includes, but is not limited to the following actions: wilful or deliberate behaviour by an employee that is inconsistent with the continuation of…

201511.04
1

Unfair Dismissal –The Principal Purpose Test

Pursuant to the Fair Work Act 2009 (Cth) (the Act), a person is protected from unfair dismissal if the person is an employee who has completed the Minimum Period of Employment and either: a Modern Award covers the person; an Enterprise Agreement applies to the person; or the employee’s annual rate or earnings is less…

201511.03
0

Summary Dismissal –What is Serious Misconduct and Breaching Company Policy

On many occasions our clients have asked whether they can dismiss an employee on grounds of serious misconduct. Although the law is quickly evolving the foundations to serious misconduct and summary dismissal remains the same. Past case law establishes that serious misconduct justifying summary dismissal will only be established if the employee’s is of a…

201511.03
0

Set your privacy protections on social media otherwise you can be sacked!

In the case of Stutsel v Linfox Australia Pty Ltd [2011] FWA 8444, Mr Stutsel, an employed truck driver, was summarily dismissed on grounds of serious misconduct due to a racially derogatory and sexist posting uploaded to his Facebook profile. Mr Stutsel’s comments were brought to Linfox’s attention not by his Facebook friends, but by…

201511.03
0

Return to Work Guarantee –Merit Based Reviews

Pursuant to s 83 of the Fair Work Act 2009 (Cth) (the Act), if an employee is on unpaid parental leave and an employer intends to make a decision which will have a significant effect on the status, pay or location of the employee’s pre-parental leave position, the employer must take all reasonable steps to…

201511.03
0

Offer to redeploy a redundant employee into another role

Pursuant to s 389 of the Fair Work Act 2009 (Cth) (the Act), an employee’s dismissal is not a case of genuine redundancy if it would have been reasonable in all the circumstances for the employee to have been redeployed within the employer’s enterprise or within an associated entity of the employer. The question of…

201511.03
1

Misleading and Deceptive Conduct Relating to Employment

Schedule 2 of the Competition and Consumer Act 2010 (the Act) makes provisions for misleading and deceptive conduct in relation to employment contracts. Pursuant to s 31 of the Act, a person must not, in relation to employment that is to be, or may be, engage in conduct that is liable to mislead persons seeking…

201511.03
0

Making someone redundant whilst on maternity or parental leave

An Unlawful Termination can occur where an employer terminates, or makes redundant, an employee whilst that employee is absent from work during maternity leave or other parental leave. In the case of Kristinian Iannello v Motor Solutions Australia Pty Ltd [2010] FWA 3125, Ms Iannello had been absent from work during maternity leave for approximately…

201511.03
0

Lookout for the Fair Work Ombudsman and the fines which can apply

Pursuant to the Fair Work Act 2009 (Cth) (the Act), Fair Work Australia has the power to appoint Inspectors from the Fair Work Ombudsman to investigate, monitor and promote employers’ compliance with the Act and other workplace legislation. The Act also provides steps which can be taken by the Fair Work Ombudsman to enforce an…