PURPOSE The purpose of an unfair dismissal application is to enable both the employer and employee to deal with the application in a flexible, efficient, informal and cost-effective manner. To be eligible to make an application to the Fair Work Commission (Commission), first and foremost, an individual must be an employee of the employer. In...
In recent years, those aggrieved by their dismissal from work have focused on bringing unfair dismissal claims, seeking compensation and potential reinstatement. The reality, however, is that many people are excluded from bringing an unfair dismissal claim – for example if their period of service is too short, if their annual earnings exceed the applicable...
Heat-related injuries can be quite common and may result in fatalities or permanent injuries particularly in work duties that require attention, coordination and immediate response skills. Working in heat is a hazard that can result in severe health problems for many workers – whether they work indoors or outdoors. If the body must work too...
Following the legalisation of same-sex marriage in late 2017, more and more same-sex couples are contemplating their options to start a family. Often these choices are affected by work conditions such as parental leave entitlements. But what exactly are LGBTI employees entitled to? Unpaid parental leave – the basics Applying to most employees in Australia,...
The recent decision of Whitfield v Master Tree Ninja (Whitfield) is a prime example of how an employee’s demotion can amount to a dismissal. Background: Master Tree Ninja (Respondent) is a small business in Adelaide providing tree lopping and clearing services. Mr Whitfield (Applicant) was employed from December 2016 on a casual basis, and from...
The festive season comes with plenty of opportunities to enjoy and let your hair down, but for business owners it can also be an extremely challenging time. Cash flow management can be problematic for many small business around this time of year. But fear not, there are things you can do to ensure you and...
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Legal Practitioners at Atkinson Vinden are members of the scheme.
