Browsing: Termination of employment

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High Court asked to reject "narrow" definition of work

Extending employers' duty of care to the disciplining and sacking of workers would not "frustrate" contractual certainty or disrupt businesses, lawyers for a charity's former consultant have told the High Court.


"Substantial" roster changes prevent redundancy pay cuts

The FWC has refused to reduce two FIFO workers' redundancy pay, finding that redeployment offers did not amount to "other acceptable employment" because they were given insufficient time to consider roster changes that would also have reduced their time at home.




Valid reason "need not be the one given": FWC

In a case that yesterday earned a mention in Parliament, the FWC has overlooked an employer's reasons for sacking a volatile employee to find that his own evidence that he was "not right" to return to work because mental health issues justified the dismissal.


"Widespread" under-classification in community sector: Report

Inadequate award descriptors and lack of opportunity to progress through the award classification system have contributed to rife underclassification in the social and community services sector, a new survey has found.


"Theft" case errors not significant enough: Bench

A FWC bench has upheld a ruling that a club unfairly sacked a casual duty manager after accusing her of stealing a drink, but not before rejecting a presidential member's finding that the "theft" needed to be established "beyond reasonable doubt" and that the employer used an "intimidatory" dismissal process.


Time extended for worker told he couldn't contest sacking

The FWC has extended time for a late unfair sacking claim after accepting that the worker held off making his application because the employer told him that he had failed to serve the minimum employment period and its external HR provider and its solicitor then reinforced it with similar advice.


Shadow minister praises award-capping policy proposal

Shadow workplace relations minister Michaelia Cash has welcomed "several good ideas" on IR policy from the party's NSW branch, which give possible pointers to the forthcoming Federal manifesto.


Case threatens a "radical departure" from notion of work: Employer

The charity defending a High Court case with the potential to extend duty of care to the disciplining and sacking of workers has warned that overturning a 115-year-old precedent would "disturb the allocation of risk" in every current employment contract.


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