Dismissing Senior Employees – The Pitfalls to Avoid – Part 2
In the second and final part of this article we examine the legal claims senior executives can bring on termination…
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Dismissing Senior Employees – The Pitfalls to Avoid – Part 1
Whilst the termination of any level of employee contains a degree of legal risk, the position in respect of senior employees…
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Resigning from your employment — can you withdraw your resignation? — Latest developments
In recent times there has been a string of decisions from the Fair Work Commission directed to whether and in what…
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The “Weinstein Clause”: What is it? Could it be coming to Australia?
What is the “Weinstein Clause”? The disturbing revelations about Harvey Weinstein and other entertainment luminaries have put sexual harassment firmly…
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Do you have to pay an employee where their own conduct has prevented them from performing their job?
An employer might be forgiven for thinking that where an employee’s conduct has rendered them unable to perform their role…
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Dismissing employees on grounds of incapacity where the employer is alleged to have caused the incapacity
One of the most challenging issues employers face is dealing with employees who are not well enough to perform their…
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Everyone lies in their job applications… so can I fire them?
There is a common perception that most people lie in their résumés and job applications. Whether it be the exaggerating the…
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The AHRC and Criminal Record Discrimination: A Toothless Tiger
The recent AHRC report into discrimination in employment on the basis of criminal record, BE v Suncorp Group Ltd [2018] AusHRC…
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Salacious facts, important principles
The attention an unfair dismissal case receives is sometimes proportionate to how salacious the underlying facts considered in the case…
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Breaking up is hard to do — Communicating termination of employment
HARD CONVERSATIONS Two of the hardest conversations to have with anyone are ending a relationship and terminating employment. On the former…
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