Dismissal | Page 176 (1,858 items)

Employers should provide training on all grounds of discrimination - especially the lesser-known ones - even if some don't apply to their jurisdiction, says People + Culture Strategies associate Kirryn West.

In a case that contains some important lessons for employers, the dismissal of an under-performing worker accused of misconduct has been upheld by Fair Work Australia, despite claims his performance had started to improve and his misconduct was "an honest mistake".

One of the many things employers should do before moving to dismiss someone is check the restraint and confidentiality clauses in their employment contract, says employment lawyer Brad Swebeck.

Employers that don't tick all the right boxes prior to dismissing someone are more likely to face an unfair dismissal, adverse action or other claim, says Hicksons partner Brad Swebeck.

HR Daily Premium presentation, he covers the factors to consider in relation to:

• the nature of your business;
• the circumstances of the proposed dismissal;
• policies, procedures and contractual issues;
• disciplinary, misconduct and performance-related dismissals;
• dismissal of injured workers;
• redundancies;
• remedies; and
• jurisdictional frameworks.

Could you face an adverse action claim for sacking someone for "poor cultural fit"? Can an employee claim adverse action after being made redundant? What adverse action risks arise during the recruitment process? Kemp Strang employment lawyers Lisa Berton and Nick Noonan answered these questions and more in our recent webinar.

Poor performers are an unfortunate reality for many workplaces, so employers need a process that mitigates their legal risks when managing employees "up or out".

Poor performers are an unfortunate reality for many workplaces, so employers need a process that mitigates their legal risks when managing employees "up or out".



In this webcast, employment lawyer Natalie Spark outlines:

• How to minimise the legal risks associated with performance management (including adverse action, unfair dismissal, bullying and stress claims);
• Options for managing poor performance - and how to decide which to take;
• Lessons learned from successful claims against employers; and
• Case studies of performance management-related claims.

A judge has found that it was reasonable for an organisation to restrain a former employee from doing any HR consulting work in Australia for two years, due to the potential threat he posed to its business.

Exasperated employers should refrain from reprimanding underperforming employees for taking too much sick leave, or from sacking them while they're away, lawyers warn.

Summary dismissal of a 457-visa holder could be deemed harsh by Fair Work Australia - even if the reason for dismissal is valid - if it forces the worker to leave the country under difficult circumstances, warns specialist corporate immigration lawyer Katie Malyon.