Employment Law Matters Australia

[...] and/or WHS Act as required. Fair Work entry permits and WHS entry permits issued by the Fair Work Commission The ability to enter a workplace is given by way of an entry permit issued by the Fair [...]

[...] Ltd v Construction, Forestry, Mining and Energy Union,1 the Federal Court held that the Fair Work Commission has the power to grant an application to extend the 30-day period in which protected [...]

[...] was not upheld by the Australian Industrial Relations Commission, the predecessor to the Fair Work Commission.) Most cases involving employment related fighting that come before the Fair Work [...]

[...] fit and their return could breach work health and safety laws? A recent decision of the Fair Work Commission has found that those work health and safety obligations can entitle an employer to require [...]

[...] that while industrial activity may be closely related to an employer’s decision to take adverse action, it is not necessarily the cause of, or reason for, such a decision. Background In February [...]

[...] subsidiary, Baltic Doors, which provided gift vouches to non-striking workers, did not take adverse action against workers who took protected industrial action. In doing so, the Court confirmed that [...]

[...] into resigning Ultimately the court found that the employer had breached the FW Act by taking adverse action against the employee and further found that the employer had failed to adhere to standards [...]

[...] of whether termination of a mentally unwell worker can expose an employer to the risk of an adverse action claim (alleging termination because of mental disability) or a temporary absence prohibition [...]

[...] in a grossly unfair manner could amount to bullying within the meaning of the Fair Work Act 2009, there was insufficient evidence to support such a finding in this case. [...]

[...] person’s role is once present. Why ask an employee to bring a support person? Under the Fair Work Act 2009 (Cth) (FW Act), the Fair Work Commission must take certain factors into account when [...]

[...] . As a result, Mr Roy alleged that his dismissal was unfair under section 394 of the Fair Work Act 2009. What is genuine redundancy? A dismissal cannot be considered an “unfair [...]

[...] duties. Mr John made an application for unfair dismissal remedy under Part 3-2 of the Fair Work Act 2009 (Cth), saying the dismissal was harsh, unjust or unreasonable. Negligent, but not [...]

[...] respect to each employee whether a restraint of trade clause is appropriate and, if so, seek legal advice on how to improve the chances of the clause being effective. For more information on this [...]

[...] are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest [...]

[...] information published on this website is of a general nature and should not be construed as legal advice. Whilst we aim to provide timely, relevant and accurate information, the law may change and [...]

[...] are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest [...]

[...] Event Title: Managing Unfair Dismissal & Termination Masterclass Description: By attending the one-day Managing Unfair [...]

In Moumtzis v Dolina Fashion Group Pty Ltd [2013], the Fair Work Commission found that Dolina Fashion Group had unfairly dismissed a long standing emp [...]

The Fair Work Commission has ordered engineering services company Downer EDI to reinstate three coalmine employees and pay them close to $200,000 in [...]

[...] 2013, Linfox terminated Mr Pearson’s employment. Mr Pearson then commenced proceedings for unfair dismissal What makes a dismissal unfair? Under section 387 of the Fair Work Act 2009 (Cth), a [...]

[...] at work, as well as how staff may discuss work related topics outside of work hours. All workplace policies must be effectively communicated to all staff (employees, contractors and volunteers), who [...]

[...] risk e.g. ignore the warning signs. It is essential for frontline managers to be trained in workplace policies and procedures, including the importance of compliance with those policies (and the risks [...]

[...] media policy can control employees’ out of work hours activities in some circumstances. Workplace policies and procedures have been widely adopted to prescribe acceptable standards of conduct for [...]