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.”
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.
“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.
“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…”
In the case example of Kool v Adecco Industrial Pty Ltd  FWC 925 the Applicant claimed she has been unfairly dismissed by labour hire firm Adecco when it told her she could no longer work at Adecco’s client, Nestle. Read here what emerged from this case and what we can learn about casual employment and unfair dismissal claims.
“You need to ensure you have the right to put an employee on gardening leave,” writes Charles Power of Holding Redlich. “If you don’t have that right and act as if you do, the employee could treat him or herself as being constructively dismissed.” Learn more about this issue here.
Simon Billing of Corrs Chambers Westgarth writes about three recent decisions of the Fair Work Commission (FWC), which serve as a reminder to employers that “despite there being a valid reason for the dismissal of an employee, a range of other factors can lead to a finding of unfairness”. Read seven important questions to carefully consider.
Nicole Dunn of Carroll & O’Dea Lawyers provides us with another practical article! This time, she tells us that “it’s not uncommon that we encounter an employer at the wrong end of a claim because they’ve bought into an “employment law myth” so we’ve busted a few employment myths”.
When engaging a new employee it is important to “establish a system that will put the business in the best possible position to secure the right person for the job”. Legal issues to consider: employers need to be frank with candidates regarding the nature, terms and conditions of employment and that they do not fall foul of anti-discrimination laws.
“It is important for employers to have a clear social media policy in place,” says Nathan Moy of Clayton Utz. “Training is an important foundation for effectively enforcing your social media policy.” This is a not to be missed read regarding social media in the workplace.