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.
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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The Many Pitfalls of Social Media for both Employers and Employees
By Nicholas Marouchak
/ 17/02/2017
In the case of Singh v Aerocare Flight Support Pty Ltd [2016] FWC 6186, the Fair Work Commission awarded a...
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