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.

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.

When does an employee abandon their employment – and what happens then?

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?