Carer’s leave
Dealing with employees and carer’s leave can be tricky. At times it’s a simple situation, “my kid has a cold and can’t go to school, can I take the day off?” and other times things are a lot more personal, complicated, and emotionally laden. It’s important to be aware...
Family and Domestic Violence leave
Domestic violence is a horrible situation, and a very real one for millions of Australians. Examples of domestic violence include violent, threatening or other abusive behaviour by an employee’s close relative that seeks to coerce or control the employee, and/or...
What to expect at a hearing
An unfair dismissal hearing (or a determinative conference) is the final step if a situation cannot be resolved through the conciliation process and the application hasn’t been withdrawn. This is a legal proceeding that results in a clear outcome that must be upheld....
The end of proceedings
As we’ve said previously, every unfair dismissal case is unique, and every story a different one. The possible outcomes from a hearing or conference will also depend on the type of matter that’s being dealt with. If your case progresses to a conference or hearing,...
Unfair dismissal next step: conciliation
If an unfair dismissal claim is lodged against you as an employer, the next step is for you to respond to the claim. You’ll be sent a copy of the claim in writing, and you’ll have an opportunity to present your side of the story, also in writing. Your written...
Why a claim may be lodged against you
Letting go of an employee is a big decision, and not one to be taken lightly. An employee has the right to lodge an unfair dismissal claim if they feel that the reason they were fired was “harsh, unjust, or unreasonable”, was not consistent with the Small Business...
What to expect in an unfair dismissal case
In our last series we discussed varying aspects around managing staff well, performance, and protecting yourself against future claims of unfair dismissal. This week we’re going to look at the reasons an employee may make a claim of unfair dismissal, and what the...
Redundancy rates unpacked
At times, for a variety of reasons, from downturn or closure, restructuring, or changing technology, certain jobs are no longer necessary in a business, leaving the employee without a valid role. When a worker is let go under these circumstances it’s not a dismissal,...
Dismissal, and keeping it fair
As Australians we pride ourselves on our culture of “a fair go”, and that extends to the legal structure around businesses as well, with legislation in effect to protect both employers and employee’s rights. In the case of a dismissal or termination of employment,...
Misconduct and serious misconduct
Yesterday we discussed the importance of performance, and how to deal with it. Today we’re addressing the more serious side of that coin—misconduct. Misconduct is behaviour that is not acceptable at work. Unlike performance, it’s usually something well inside the...
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