Posts: compensation

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compensation

Commission finds failure to consult meant dismissal was not a genuine redundancy

When you assume

In a recent decision, the Fair Work Commission has emphasised that an employer’s obligations to consult during the redundancy process under the Fair Work Act 2009 (Cth) is not a mere procedural formality, but a mandatory requirement for genuine redundancy.

Commission finds employer’s unsubstantiated allegations rendered dismissal unfair

Not mushroom for error

Where there is a factual dispute about allegations made against an employee, employers must ensure that the allegations are properly tested before proceeding to a disciplinary process. This will ensure that the employee has been provided with procedural fairness and any reasons relied on by the employer as grounds for dismissal are valid.

Court finds that adverse action was taken against employee due to his silica disease diagnosis

Stone cold

The Fair Work Act 2009 (Cth) prohibits employers from dismissing an employee from their employment because they have exercised a workplace right or because of a discriminatory reason, such as physical or mental disability.