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 … [Read more...] about What is unlawful discrimination?
WHAT IS THE LAW FOR UNFAIR DISMISSAL?
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 … [Read more...] about WHAT IS THE LAW FOR UNFAIR DISMISSAL?
Unfair Dismissal Is Any Dismissal That Is Harsh, Unreasonable Or Unjust
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...] about Unfair Dismissal Is Any Dismissal That Is Harsh, Unreasonable Or Unjust
What Constitutes Adverse Actions & How Can Employees File Adverse Action Claims ?
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 … [Read more...] about What Constitutes Adverse Actions & How Can Employees File Adverse Action Claims ?
Reinstatement is a Primary Right of Dismissed Employees Under Australia’s Dismissal Laws
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...] about Reinstatement is a Primary Right of Dismissed Employees Under Australia’s Dismissal Laws
Dismissal for failing to pass a National Police Check: A case of Unfair Dismissal in WA?
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 v … [Read more...] about Dismissal for failing to pass a National Police Check: A case of Unfair Dismissal in WA?