Australia: The top five mistakes employers make when terminating employment:...
Warnings, performance improvement plans and formal meetings only become relevant after the minimum employment period.
View ArticleAustralia: Swearing in the workplace: the legal position - Swaab Attorneys
In most workplaces, the mere act of swearing itself is unlikely to provide a sound basis for termination of employment.
View ArticleAustralia: Outer limits maximum term employment contracts the future after...
Employers cannot rely on outer limit or maximum term contracts as a means to avoid unfair dismissal claims. .
View ArticleAustralia: Facing a workplace investigation by the Fair Work Ombudsman: What...
This article looks at accessorial liability, the powers of the FWO and how a workplace investigation may proceed.
View ArticleAustralia: The top five mistakes employers make when terminating employment:...
A frequent mistake employers make when dealing with dismissal, is failing to afford employees "procedural fairness".
View ArticleAustralia: Resignation from employment - can you withdraw it? - Swaab Attorneys
Employers should be careful about how they react to employees who submit a resignation "in the heat of the moment".
View ArticleAustralia: The top five mistakes employers make when terminating employment:...
It is strongly advisable for employers to consider all other alternatives before taking action to dismiss an employee.
View ArticleAustralia: Car allowance decision drives unfair dismissal access - Swaab...
The case considered the issue of car allowances to determine the annual rate of earnings for unfair dismissal purposes.
View ArticleAustralia: Job titles and modern award coverage - what is in a name? - Swaab...
FWC takes a "substance over form" approach in considering job titles and their relevance for a particular modern award.
View ArticleAustralia: Equity crowd source funding: Part 2 - Regulatory update - Swaab...
The Regulations have been promulgated and the government proposes to extend the CSF Regime to proprietary companies.
View ArticleAustralia: Quirks in modern awards: #5 - #8 - Swaab Attorneys
As part of our series on odd and unusual terms in modern awards, these are more quirky clauses that employers may miss.
View ArticleAustralia: The first category 1 WHS prosecution in NSW: The meaning of...
The decision particularly examines what constitutes "reckless" for the purpose of the penalty provisions of the WHS Act.
View ArticleAustralia: Protect the intellectual property in your website - Swaab Attorneys
Your website can represent a significant danger to your own IP and a potential source of exposure to litigation by others.
View ArticleAustralia: Five employment law cases that shook the world: #3 - Annual leave...
An employee who is in receipt of workers compensation in NSW, is also entitled to take and accrue annual leave.
View ArticleAustralia: Five employment law cases that shook the world: #1 - Can notice...
A matter that frequently causes confusion in the area of employment law is the interplay between notice and annual leave.
View ArticleAustralia: Five employment law cases that shook the world: #2 - Annual leave...
If an employee is paid annual leave loading during employment, it is also paid when calculating leave on termination.
View ArticleAustralia: Five employment law cases that shook the world: #5 - Service as a...
Regular and systematic service as a casual does count when calculating redundancy (if that employee becomes permanent).
View ArticleAustralia: Five employment law cases that shook the world: #4 - No redundancy...
Consultation would not have produced a different conclusion, so the dismissal was not unfair by the failure to consult.
View ArticleAustralia: Your employee offended me. What are you going to do about it?:...
When a social media conduct complaint or issue is raised, the way to address it will depend upon the facts of the case.
View ArticleAustralia: The first category 1 WHS prosecution in New South Wales: The...
Category 1 is when a duty holder recklessly exposes a person to whom a duty is owed to a risk of death or serious injury.
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