Unfair dismissal can be an emotional and stressful topic which can leave your business legally vulnerable. Understanding your rights as well as your employees’ rights is key to minimising risk and ensuring the emotional wellbeing of your staff. What is Unfair Dismissal? Unfair dismissal is when an employee is dismissed from their job in an...
The High Income Threshold (HIT) and minimum wage increased from 1 July 2018. The HIT will be $145,400 (previously $142,000) and the minimum wage will be $18.93 per hour. These changes may have the effect of bringing some employees under the coverage of an award, and will also make available the jurisdiction of the unfair...
In an ideal world, all employees would be happy 100% of the time. The reality however is that despite the best intentions of employers, things can and do go wrong. Allegations of misconduct could happen to any company, but the ability to effectively handle these and action workplace investigations with procedural fairness is what separates...
On 15 September 2017, the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (‘’Act’’) came into operation. The Act introduces wide-ranging changes in the employment sector, including higher penalties for breaches of record-keeping and pay-slip obligations, strengthening the Fair Work Ombudsman’s powers of investigation, and importantly, significantly increasing penalties for ‘serious contraventions’ by employers. A...
A recent Fair Work Commission decision has provided some clarity regarding the weight employers must afford to mitigating factors when considering whether or not an employee’s dismissal is justified. Illawarra Coal Holdings Pty Ltd T/A South 32 v Matthew Gosek [2018] FWCFB 749 involved an employee who had been working for Illawarra Coal for 11...
A recent Federal Circuit Court decision found that employees must continue to comply with reasonable directions whilst taking paid personal leave. Background In Swanson v Monash Health [2018] FCCA 538 (Swanson), the Employee took personal leave due to sickness. During her absence, she provided medical certificates stating that she was unfit for work, however the...
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Legal Practitioners at Atkinson Vinden are members of the scheme.
