“Post-employment restraints will be enforced only when they go no further than protecting the employer’s legitimate business interests,” writes Allens’ Victoria Eastwood.
ELM TV EXCLUSIVE – This short video with Helene Lee of Norton Rose Fulbright highlights both the increase and reasons for adverse action, as well as the pros and cons of having one vs multiple decision makers.
“An ill employee who altered a medical certificate in order to facilitate a RTW was found to have engaged in misconduct, constituting a valid reason for summary dismissal”, writes Mark Curran of Kaden Boriss. “Further, such summary dismissal was not harsh, unjust or unreasonable…”
Employees are sometimes accused of abandoning their employment. The employee may have simply disappeared. Other times, the employee remains in contact but, perhaps because of an (alleged) injury or illness, refuses or fails to attend at work. Where is the line drawn between temporary absence and abandonment and, in any case, how should an employer deal with it?
“Employers need to ensure that managers are appropriately trained in managing underperforming employees and can identify when an employee needs to be placed on a performance improvement plan,” writes Belinda Winter. Read her responses to the questions received from attendees at the HR Law Masterclass event.
“If an employer wishes to rely on a series of warnings to justify a dismissal, each of those warnings must be justifiable,” writes the team at Hesketh Henry. “Warnings should be used as a rehabilitative tool, rather than a punitive one.”
The Full Court of the Federal Court has reinstated employees retrenched in breach of the redundancy terms of their enterprise agreement, even though the employer had adequately consulted with them. Senior Associate Tarsha Gavin and Lawyer Tom Kavanagh of Allens report.
“You need to be conscious of this [AMWU v Donau Pty Ltd  FWCFB 3075] decision when terminating the employment of any permanent employee who has had a period of continuous, regular and systematic casual service – especially in redundancy programs,” writes the Minter Ellison team. Read more about its impacts.
The FWC has ordered the reinstatement of an employee dismissed for inappropriate and unsafe workplace behaviour, despite the employer having a valid reason for the dismissal and following a fair procedure. Allens’ Law Graduate David Hunt and Partner Simon Dewberry report.
Holding Redlich points out learnings from the recent DP World Sydney Limited v Guy  NSWSC 1072 (1 August 2016) decision; “Consider whether your contracts have garden leave provisions… It is much easier to enforce a garden leave provision than a post-employment restraint of trade provision.”