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?
UNDERSTANDING PERFORMANCE MANAGEMENT AND PERFORMANCE MANAGEMENT LAWS IN WA
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 … [Read more...] about UNDERSTANDING PERFORMANCE MANAGEMENT AND PERFORMANCE MANAGEMENT LAWS IN WA
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 Are the Legal Requirements of Performance Management To Prevent An Unfair Dismissal Claim?
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 … [Read more...] about What Are the Legal Requirements of Performance Management To Prevent An Unfair Dismissal Claim?
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