The truth will set you free
When dealing with litigated matters, we cannot stress enough the importance of having evidence and witnesses that are credible and reliable to support a party’s position in the proceedings.
According to the Fair Work Commission’s (FWC’s) most recent annual report, unfair dismissal applications are by far the most common type of application lodged with the FWC.
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Under workers compensation legislation, the “reasonable action” defence is one often relied upon by insurers against claims of work-related psychological injury.
A break from banter
It is becoming increasingly challenging for employers and employees to understand where the line is between a relaxed, open and friendly workplace culture
The matter involved a history or unacceptable conduct by an employee that resulted in the termination of his employment.
Handle with care
The introduction of family and domestic violence leave entitlements into modern awards and the Fair Work Act 2009 (Cth) (FW Act) last year was a significant development in Australian workplace relations.
No ordinary job
Employer fails to demonstrate that redundancies were due to the ordinary and customary turnover of labour
The FW Act provides a minimum entitlement to redundancy pay in situations where an employee’s position is genuinely made redundant.
Who’s the boss?
The FWC has reduced an employee’s entitlement to redundancy pay to nil after an employer successfully argued that it obtained ‘other acceptable employment’ for the employee, which the employee had refused.
Care and control
A recent decision from the District Court of New South Wales has highlighted the importance of a host employer’s duty of care to any labour-hire worker it engages where the work directions and conditions are within the host employer’s knowledge and control.
Put it in writing
Australia’s anti-discrimination legislation imposes positive obligations on employers to make reasonable adjustments in the workplace to accommodate an employee’s disability, unless doing so would cause unjustifiable hardship to the business.
Conviction under work health and safety legalisation can result in significant fines and/or imprisonment.
Weighing the costs
In a matter recently before the Federal Circuit Court of Australia an employer successfully claimed that an employee acted unreasonably in the course of proceedings and the employer was awarded costs of $35,000.
What does “workplace culture” really mean and what happens when workplace culture becomes damaged or toxic?
Free free, set them free!
An employer was ordered to pay $10,000 in compensation to a former supervisor who had been dismissed five months into her probation period.
Is it safe???
A workplace incident involving a worker struck by a forklift has demonstrated the importance of having documented systems of work and induction processes in place that are accessible for all workers.
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