Childcare centre Employment A 70-year old woman was hired as a University-Qualified Early Childhood Teacher. She had a contract from March 2014 until January 2019. She was re-hired for the same position on April 2019 until December 2019 when she resigned. The employer was a childcare … [Read more...] about Pre-school teacher’s resignation upheld as constructive dismissal & wins her old job back after going for unfair dismissal
Farm Manager Forced to Resign Wins Unfair Dismissal Claim
Case background A manager had been employed for two years at a horse farm. She began as a Team rider but was quickly promoted to the position of Farm Manager with a gross annual salary of $50,000. On January 31, 2020, the Farm Manager received an email requesting her to sign a new contract. … [Read more...] about Farm Manager Forced to Resign Wins Unfair Dismissal Claim
It’s my wife or your job: Failing to please the boss’s wife is not a valid ground for dismissal
A 59-year old national sales and marketing manager had been working for one of the businesses of a family-owned group of businesses since 1991. He worked closely with the two sons of the owner of the businesses who had taken over the business and had a productive working relationship with the … [Read more...] about It’s my wife or your job: Failing to please the boss’s wife is not a valid ground for dismissal
Having issues in the workplace? Hire unfair dismissal lawyers for advice!
Have you been recently terminated from your employment? Or do you feel as though you might be fired soon? Have you felt like you have been discriminated against whilst at work? Or do you get the feeling that your employer might not be paying you your full employee entitlements? Unfortunately, … [Read more...] about Having issues in the workplace? Hire unfair dismissal lawyers for advice!
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