When employees do the wrong thing at work, it is common for their employer to commence formal disciplinary processes that can lead to dismissal. Workplace misconduct such as dishonesty, theft, violence, sexual harassment, or intoxication is often easy for employers to recognise. It can be seen…
When a business changes hands, employers have limited options when it comes to their employees. They must either end the employment relationship or if the new business owner chooses to offer ongoing employment, a transfer of employment can occur. Either way, the Fair Work Act requires…
The recent decision of the Full Bench of the Fair Work Commission in Deliveroo Australia Pty Ltd v Diego Franco [2022] FWCFB 156 has once again highlighted the need for urgent legislative change to address unjust outcomes in sham contracting disputes, particularly within the gig economy. Mr…
Bullying in the workplace involves an individual or group subjecting a colleague to repeated unreasonable behaviour, which has the risk of causing damage to the recipient’s health and safety. When an employee makes a stop bullying application to the Fair Work Commission, the Commission can only…
A written warning is a document issued by an employer to an employee indicating that the employee is at risk of dismissal due to unsatisfactory performance or conduct. A warning is often used to support a decision to dismiss and should therefore be treated seriously by…
Lengthy notice periods are an increasingly common mandate for employees in senior or executive level positions or those with highly sought-after skills. For employees bound by these extended timeframes, it can be difficult to navigate how and when to leave a role for a new opportunity,…
