Dismissals

To terminate, or not to terminate an EBA?

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.

Why the FWC reinstated employees because their dismissals were unfair and not genuine redundancies?

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.”

FWC will review abandonment clauses in all modern awards

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.

How are you ensuring procedural fairness in an investigation?

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.

Before you dismiss someone, write down the reason why

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.

Does a summary dismissal still need to follow a process?

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.”

How are you dealing with swearing in the workplace?

“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.

What exactly is unfair dismissal from your employment?

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.”