key factors which reduce risks relating to terminations & unfair dismissal claims
ELM TV EXCLUSIVE – One of ELM’s most informative contributors, Marie-Claire Foley, Partner at Ashurst, in this video details two main trends happening in the IR space at the moment. On top of highlighting what these are, she goes on to explain possible reasons.
Read several key recommendations from Ashurst’s Talia Firth for what an employer should consider when making decisions related to redundancies and workplace restructures. Speaking at an upcoming workshop on this topic, Talia also points out two key case decisions that help explain her rationale.
In the Paul Williams and Ors v Staples Pty Ltd case, “the FWC ordered the applicants be reinstated in light of the available redeployment opportunities, the fact that there was no evidence of any deterioration in the employment relationship and the applicants’ unblemished work records.”
In Boguslaw Bienias v Iplex Pipelines Australia, a team leader failed to show up to work for a fortnight. During his absence, Iplex attempted to contact the employee by phone, in writing, and even arranged for the police to conduct a welfare check on him. The employee did not respond. As a result of this case’s decision, the FWC announced that it will review abandonment clauses in all modern awards.
Madelaine August of Moray & Agnew provides us with informative answers to questions regarding procedural fairness. She cites the Bonny Walia v Citywide Service Solutions case, where a garbage truck driver was reinstated to his position by the FWC due to issues with the employer’s decision making steps.
ELM TV EXCLUSIVE – Herbert Smith Freehills’ Partner, Nicholas Ogilvie gives us his best tip when dealing with terminations in the workplace, specifically in relation to an unfair dismissal. Is your reason for dismissing someone “sound, well-founded and defensible”? Watch the full video here.
Jim Roberts of Hesketh Henry reminds us in this article that “while some incidents might be so flagrant or reckless and easily evidenced (for example by security footage) that they appear to justify termination on the spot, it is important that the alleged behaviour is properly investigated and a lawful process is carried out.”
“Is swearing ever appropriate in the workplace?” asks Simon Billing of Corrs Chambers Westgarth in this excellently detailed article. “Six recent cases suggest that the line between what is and is not appropriate is becoming increasingly blurred.” Read more about these specific cases here and each outcome.
The MDC Legal team remind employees and employers alike, that “there are strict time limits for making an unfair dismissal claim. An employee has 21 days from the date of dismissal to make a claim under the national system and 28 days under the [WA] state system.”