There may be any number reasons why an employee may be dismissed. The reasons and the factual circumstances involved in the dismissal must be considered in determining the proper action or application which should be made. The need to choose the proper remedy is crucial because an employee is given … [Read more...] about Choose an Adverse Action Lawyer who will help you. Tiger Airways Case Study Examining the difference between Unfair Dismissal and General Protections
What is Constructive Dismissal?
One of the most important aspects of making an unfair dismissal claim is that an employee needs to have been dismissed from their employment, within the legal definition. Problems that employment lawyers see often arise with this where an employee has not been traditionally fired, but has instead … [Read more...] about What is Constructive Dismissal?
Why it is Important to obtain Advice in the Workplace and to follow it
In CFMEU v Hail Creek Coal Pty Ltd  FCA 1032, an employee was awarded almost $1.3 million for his employer’s repeated wrongful actions against him. The employee, Mr Haylett, was referred to by the trial judge as having “a remarkable history of resilience” in successfully arguing an adverse … [Read more...] about Why it is Important to obtain Advice in the Workplace and to follow it
What Can Dismissed Employees Do?
There are a number of legal avenues you can pursue in Australia if you have been dismissed from your job in unjust circumstances. The two most common actions available for dismissed employees in Australia under the Fair Work Act 2009 are: An Unfair Dismissal claim ; and A General Protections … [Read more...] about What Can Dismissed Employees Do?
Remedial Damages in Adverse Action – Can Distress and Humiliation Damages for an award of money be payable?
Under the General Protection provisions in Australia, the court has wide discretion as to the type of remedial option it takes to redress loss and damage suffered by a successful applicant in a case. In the recent case of Storey v The Monitoring Centre Pty Ltd & Ors, the Federal Circuit Court … [Read more...] about Remedial Damages in Adverse Action – Can Distress and Humiliation Damages for an award of money be payable?
Dismissal for redundancy requires proof of a genuine redundancy
A 65 year old man had been working for 4 years with a corporation that manufactured transportable sheds. He was given notice that he was being dismissed effective two weeks after receipt of the notice. He was told that for the two months prior to his dismissal, the company had been operating at a … [Read more...] about Dismissal for redundancy requires proof of a genuine redundancy