It is important that if a business wishes to terminate an employee’s employment, that proper procedures and processes are followed. Otherwise, a business can be exposed to various claims including unfair dismissal, general protections, or discrimination claims.
MKI Legal has advised many businesses on the correct procedure to follow to ensure that a termination is lawful and that it can be defended if a claim is made.
If a claim is made, we can assist in defending a claim including representing the employer at conciliations. If a successful resolution is reached, we can prepare and negotiate the settlement agreement.
Excessive personal texting for a private side business whilst at work a valid ground for dismissal
By MKI Team
/ 23/05/2022
A growing side business A health and safety manager began full-time employment in December 2020. In February 2021, the manager...
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Changes to Casuals under the Fair Work Act 2009 (Cth) – What You Need to Know
By Zoe Kalimeris
/ 12/07/2021
On 27 March 2021, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 came into effect, amending...
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Repeated instances of inappropriate, unprofessional conduct and neglect of duties found to be valid reasons for termination
By Ann Thampoe
/ 23/10/2020
Repeated instances of inappropriate, unprofessional conduct and neglect of duties found to be valid reasons for termination Case background The...
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Stand down during COVID-19 Pandemic
By Zoe Kalimeris
/ 08/06/2020
Coronavirus or COVID-19, has changed the way in which most of us do work, including working from home and/or implementing...
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How to deal with your employees if COVID-19 has reduced your income
By Meagan Hillier
/ 03/06/2020
How to deal with your employees if COVID-19 has reduced your income If your business has been impacted by...
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10 Things You Should Never Do When Terminating Employees
By Nicholas Marouchak
/ 25/03/2020
Don't fire an employee for no reason In considering whether a dismissal was harsh, unjust or unreasonable, the Commission will...
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UNDERSTANDING PERFORMANCE MANAGEMENT AND PERFORMANCE MANAGEMENT LAWS IN WA
By Nicholas Marouchak
/ 21/08/2019
What is underperformance? Employees are expected to perform the tasks assigned to them to the standards set by the employer....
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FWC Orders Compensation for Employee over ‘Surprising’ Dismissal : Lessons from bullying and harassment lawyers
By Nicholas Marouchak
/ 16/08/2017
The recent case of Steven Biffin v XL Express Pty Ltd T/A XL Express [2017] FWC 3702 highlighted a number...
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Employment Unfair Dismissal: FWC Reminds Employers on How NOT To Dismiss Employees
By Nicholas Marouchak
/ 31/07/2017
In Veronica Bennett v Colin Joss & Co Pty Ltd, an employer’s manner of handling the dismissal of an employee...
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A Not So Idyllic Farm: Case Example By Employment Solicitors, Perth
By Nicholas Marouchak
/ 23/05/2017
In Pomering v Ronpom Pty Ltd T/A Millers Turf Farm [2017] FWC 1948, a family-managed farm was the scene of...
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