Category: Employment Law

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The Perils of the Work Christmas Party

BIGGEST FAILS OF THE WORK CHRISTMAS PARTY FOR STAFF MEMBERS The work Christmas party offers a great opportunity to celebrate the end of a long hard year of working together. They can be great for staff morale, bonding and celebrations and offer a relaxed informal setting to socialize with colleagues…

Parental Leave – Can I Return To Work Part Time?

Employees have a statutory entitlement to return to work and to their previous position after taking a period of parental leave under the Fair Work Act 2009 (the Act). If the employee’s previous position no longer exists, the employee is entitled to return to a position which is closest in…

Does your employment contract measure up?

If you are entering into an employment contract do you know what should be included? If you are an employer and using an old contract, should it be reviewed first? It is clear contracts should be individually structured to meet the needs of those involved and in reality both employer…

Mental Health Issues And Dismissal

The case of Finnegan v Komatsu Forklift Australia Pty Ltd (2017) illustrates the importance of addressing mental health issues becoming entwined with the workplace. In this case, an employee’s poor sales performance resulted in him being placed on a performance improvement plan under a new manager. However, the relationship between…

Refusal To Attend Investigation Interview Reasonably Leads To Dismissal

Khoder Abdulrahim v QBE Management Services Pty Limited (QBE) (2016), Mr Abdulrahim was a QBE employee and purchased a discounted motor vehicle insurance policy for his father’s car under QBE’s employee insurance program. Mr Abdulrahim made an insurance claim on behalf of his father, with the repairs for the vehicle…

Cautious Approach Required For Dismissal Based On Incapacity

In Maharaj v Northern Health (2017), a nurse suffered a car accident and was unfit for work for nearly 16 months. Her employer then terminated her employment on the basis that she had “significant restrictions” on her ability to perform her pre-injury job, or alternatively, that she was likely to…

Wrongful Dismissal May Impact Post-Employment Restraints

In Crowe Horwath (Aust) Pty Ltd v Loone (2017), the Victorian Court of Appeal confirmed that a restraint clause is not enforceable against an employee whose employment ends by the employer’s wrongful conduct. The employee was employed as an accountant, more specifically as a “Managing Principal”. The employment contract included…

Uncertainty of Dismissal – Worker Was Not Dismissed

The worker was employed as a full-time seasonal employee. He was working as part of the employer’s ski patrol team on a seasonal basis for 13 consecutive winters and prior to that worked for the employer as a volunteer member of the ski patrol team for two seasons. His employment…

Understanding unfair dismissal claims

Unfair dismissal matters can be complex and frustrating for both employers and employees alike. Since the commencement of the Fair Work Act in 2009, employers have had expanded responsibilities to ensure they correctly terminate employees and more employees are able to successfully make unfair dismissal claims. At the same time…

Superannuation splitting laws – things you need to know

When a marriage or de facto relationship breaks down property can be divided between the parties. Superannuation is treated as property under the Family Law Act and as such can be adjusted, transferred or divided between parties when a relationship breaks down. Although it should be noted that de facto…