Dismissal and Termination
Starting a New Job While on Leave: Is It a Breach of Contract?
The Fair Work Commission recently dealt with a significant case that raises questions about employment contracts and the rights of employers and employees. The case centred around whether an employee’s decision to begin a new job while on extended leave from her current employer could be considered a repudiation of her employment contract, and whether the subsequent actions by the employer constituted unfair dismissal under the Fair Work Act.
Resignation Amid Remote Work Dispute: A Case Study on Workplace Accommodations
The Fair Work Commission (FWC) recently handled a notable case involving a university employee who claimed her resignation was effectively forced by her employer. The core issues revolved around workplace accommodations for medical conditions, remote work arrangements, and the distinction between voluntary resignation and dismissal under the Fair Work Act.
Misconduct Discovered Post-Dismissal: Can It Affect Redeployment Decisions?
The Fair Work Commission (FWC) recently adjudicated an unfair dismissal case involving a worker in the addiction treatment sector. This worker, who was made redundant, argued that her dismissal was unjust. The case brought to light several critical issues, including redundancy processes, redeployment obligations, and employee misconduct discovered during the redundancy period. It underscores the importance for employers to adhere to proper procedures during restructuring and for employees to maintain their obligations until their final day of work.
Personal Transactions at Work: Navigating Employer-Employee Boundaries
Navigating Employer-Employee Boundaries In a recent ruling by the Fair Work Commission (FWC), a small business employer faced a contentious case involving the dismissal of an employee for engaging in personal transactions during business hours. The incident, which unfolded at a car dealership, underscored critical issues of employee conduct and employer rights under the Small Business Fair Dismissal Code.
FWC Rules Early Notice of Contract End as Dismissal: A Wake-Up Call for Employers
The Fair Work Commission (FWC) recently issued a pivotal ruling that early notice of non-renewal for a fixed-term contract can indeed be regarded as dismissal. This landmark decision, in the case of Warren George Francis v. Volunteer Marine Rescue Assoc Qld Inc [2024] FWC 978, highlights the critical need for employers to handle contract terminations with heightened diligence and care.
Final Pay and Required Notice
Final Pay Final Pay is what an employer owes an employee upon employment ending. It is an employer’s obligation to pay the employee any: Outstanding wages for hours that the employee has worked;Any penalty rates or allowances that the employee is entitled to in...