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Termination of Employment
Our expert employment lawyers can assist you in every stage of challenging a dismissal and getting compensation.
Employee Entitlements & Contract Review
We can help you by reviewing your employment contract and advising you on your rights.
Discrimination, Bullying & Harassment
We are experts in conducting discrimination, bullying and harassment claims, and we can assist you in getting a positive outcome.
Contact us if you are being performance managed so we can guide you on how to respond and what steps to take.
Latest Blog Posts
It is unlawful to discriminate against an employee in the workplace based on: race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin (protected attributes). It is unlawful for an employer to discriminate against an... Read More
What are general protections? General protections are outlined in Chapter 3, Part 3-1 of the Fair Work Act 2009 (Cth) and include: protection from adverse action because you have, you have exercised or propose to exercise a workplace right under section 340 of the Fair Work Act 2009 (Cth); protection... Read More
According to the Fair Work Act, an unfair dismissal can take place in several ways. Typically, for a claim of unfair dismissal to be successful, the Fair Work Commission will need to be satisfied that an employee was dismissed by their employer in circumstances that were: harsh, unjust or unreasonable; ... Read More
What is underperformance? Employees are expected to perform the tasks assigned to them to the standards set by the employer. Standards of work performance vary from time to time because businesses modify their operations, procedures and processes to increase their productivity. Underperformance occurs when employees fail to meet the expectations... Read More
WHAT IS AN UNFAIR DISMISSAL? Under s385 of the Fair Work Act, a dismissal is unfair if it was harsh, unjust or unreasonable. Under s.387, a dismissal is harsh, unjust or unreasonable if: There was no valid reason for the dismissal that relates to the employee’s capacity or conduct; The... Read More
An employee who fails to perform their role or duty satisfactorily should normally be placed on some sort of performance management. Under performance management, the employee is supervised more closely to ensure that the performance of their role meets the employer’s standards. The Employee Must Be Given a Warning However,... Read More
The Fair Work Act protects employees from adverse actions by an employer. An employer is said to have taken adverse action against an employee when they dismiss an employee, injure them in their employment, alter the employee’s position to their detriment or discriminate against the employee. Employees are only protected... Read More
A senior executive had a row with a regional HR manager over a PowerPoint presentation with typographical errors. The Senior Executive told the HR manager not to put his name to the PowerPoint presentation as it was not the Senior Executive who authored the presentation. The HR Manager then began... Read More
Two guards worked together, and their main role was to pick-up, transport, and deliver money in an armoured vehicle for the clients of their security firm. They picked up a shipment of about $59,000 from the office of a client. On their way to transport the money, they noticed that... Read More
Can An Employee Be Forced To Work At A New Location, Even If It’s A Term In The Employment Contract?
TransGrid directed its Project Manager to relocate to another worksite in Wallgrove after he had already been reporting to the office at Ultimo since 2014. The employee was a project manager and involved in the management and procurement of design processes and feasibility studies. In this role, he regularly travelled... Read More
The valid reason for dismissing an employee must exist at the time of the dismissal. When a valid reason for dismissal is found after an employee has already been terminated, the belated valid reason cannot be invoked to justify the earlier dismissal. The ruling in the case of Kelvin Njau... Read More
Sending an employee email and text messages that contain threats and abuse is not acceptable even if the email and text messages contains a reasonable request to reveal the address of a cash job undertaken by the employee after-hours using the tools and equipment of the employer. Using invectives and... Read More