Following some emerging trends in representative conduct in the Unfair Dismissal jurisdiction in particular, the Fair Work Commission require broader powers to make costs orders, especially against lawyers and paid agents who bring, or continue, claims that lack merit. The Fair Work Commission’s power to make orders for costs under the Act are limited, primarily to situations in which…
Tag: Unfair Dismissal
Unfair Dismissal or General Protection? A high pressure choice facing employee litigants
When National system employees are unlawfully dismissed from employment they will generally have a choice of which section under the Fair Work Act to make their application. Was it an Unfair Dismissal, or was it a contravention of a General Protection involving dismissal? There is considerable overlap in these actions, but the Fair Work Act…
What changes are coming on 1 July?
With the new financial year fast approaching, businesses and human resource managers must now turn their minds to workplace planning and employee entitlements, having regard to new changes that will come into effect on 1 July 2016. National minimum wage As is required every year, the Fair Work Commission has reviewed the national minimum wage…
Out of work conduct: when is dismissal justified?
We see it all the time in professional sports: athletes losing their contracts over poor decisions made away from the game. Take for example, Todd Carney who was spectacularly sacked from the Cronulla Sharks, without procedural fairness, following the ‘bubbler’ incident, or Nick D’Arcy who was kicked off the Australian swimming team bound for the…
What should employers take from the Todd Carney Saga….
In March I blogged about Todd Carney, and his potential legal claim against the Cronulla Sharks for unlawfully terminating his contract of employment. It was of little surprise then to learn that this action has now been brought. The media are describing this action as ‘Unfair Dismissal’. Those familiar with current workplace law will…
Popularity and unfair termination of employment – are workplace rights really a democracy?
While I understand the iconic popularity of Top Gear host Jeremy Clarkson, I was genuinely surprised to learn over the weekend that an online petition demanding his reinstatement had passed the 1,000,000 signature mark. This comes after an interesting month, in which Clarkson was suspended from his job with the BBC for a ‘fracas’ with…