Browsing: Dismissal | Page 135 (1454 items)

An unfair dismissal ruling that compensated a worker for childcare expenses incurred while she was unemployed could lead to similar claims, lawyers warn.

More certainty around public holiday penalty rates, harmonised long-service leave provisions, and broader rights to request flexible work are among the recommendations of the Fair Work Act review's report. In this article, review panellist Ron McCallum outlines some of the key proposals that - if enacted - are likely to impact on employers.

A senior corrections officer who was dismissed following his third domestic violence conviction has been reinstated, after a tribunal found an insufficient connection between his out-of-hours conduct and his job.

Recent court rulings highlight the importance of taking care during the recruitment process to avoid disputes over when an employment relationship begins, an employment lawyer says.

HR professionals can be held personally liable for failing to implement procedures they may not have known existed, an employment lawyer has warned an HR Daily webinar.

Since the introduction of the Fair Work Act, adverse action claims have become "the thorn in every employer's side", say Kemp Strang employment lawyers Lisa Berton and Nick Noonan.



Watch their presentation to learn:

• What adverse action is, and when it is prohibited;
• Who can bring adverse action claims, and the process involved;
• The types of scenarios and actions that increase employers' risk of claims;
• Individual liability risks for HR professionals;
• How to establish the strongest defence when facing a claim;
• Lessons learned from recent caselaw; and more.

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.