An employer whose warning letters to an underperforming employee were so positive that she claimed to have been unaware her employment was at stake has successfully defended an unfair dismissal claim.
Even when avenues for improvement appear to be exhausted, it's crucial to follow a procedurally fair process when dismissing an employee for poor performance. In this webinar, an employment lawyer shares guiding principles around terminating for underperformance.
A senior employee's disappointment over being excluded from a recruitment panel was the driving force behind his subsequent misconduct, but couldn't excuse it, a commission has found.
Redeployment is the very important "third limb" of the genuine redundancy test and employers need to show they have considered all viable options even in the current climate, says a workplace lawyer.
An employer that published promotional videos about its business success a month after making an employee's role redundant has failed to defend his unfair dismissal claim.
Redundancy challenges are rising sharply in the wake of COVID-19. This webinar discusses new redundancy rulings and their implications; applications to reduce redundancy entitlements; restructuring best practices in light of COVID-19; and specific considerations ahead of the JobKeeper subsidy ending.
A tribunal has ordered an employer to pay compensation for a psychological injury, after an employee with underlying sensitivities was "worn down" by unnecessary and stressful meetings with her manager.
The Fair Work Commission has rejected a director's dispute over his hours and pay being reduced to the JobKeeper minimum, in light of the employer's significant cash flow challenges.
Many employers responded swiftly to COVID-19 by standing down workers, and now as restrictions lift they face big questions about which steps to take next. In this Q&A, an employment lawyer shares some guiding principles.
New research shows it would be a mistake for employers to return to business as usual instead of maintaining their workplace flexibility. Also in this article: the Federal Circuit Court has rejected an injured worker's adverse action claim; new rulings on standdowns, JobKeeper disputes and more; and fewer employees are coming out at work.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
