Recent decisions by the Fair Work Commission have emphasised the need to afford employees procedural fairness throughout the termination process, even where there is clear and compelling evidence of serious misconduct. The below three cases, decided in June and July 2018, serve as a reminder to employers that despite having a valid reason for dismissal,…
Category: News & Commentary
No Win, No Fee: The seven must-ask questions for Employee litigants
With the growing proliferation of ‘no win no fee’ and contingency based employment litigation agents, it’s easy to presume that this as a positive move for ‘access to justice’ for employees. But sadly, an undercurrent within this trend is having the opposite effect.
Why method of dismissal needs to be reviewed by the Commission
According to a recent case of Ms Anita Cachia v Scobel Pty Ltd (2018) FWC 2648, the Fair Work Commission confirmed that employees should only be dismissed by phone, text or email in “rare circumstances”.
#TimesUp on inappropriate workplace behaviours
The Fair Work Commission is showing little tolerance for inappropriate workplace behaviour in the #metoo era. A number of Unfair Dismissal decisions before the Fair Work Commission this year reflect that the #metoo movement is gaining traction in Australia, with employers beginning to adopt a much higher standard of what is appropriate in the workplace, and…
Refusal to Employ
Employers are required to walk a tight-rope every time they hire a new employee. The Fair Work Provisions that prohibit discrimination against prospective employees are broad. However, in reality, these situations are almost impossible to enforce. Discrimination is an essential aspect of the human condition. We ‘discriminate’ thousands of times a day. When we choose the…
Managing workplace relationships: What we can learn from Barnaby Joyce
Everyone’s favourite Kiwi/Australian politician Barnaby Joyce has been in the spotlight again recently due to his upcoming interview with his partner Vikki Campion on Channel Seven’s Sunday Night program. From an employment law perspective (we always see things from an employment law perspective), it has again brought to light the topic of workplace relationships. No…