“There is nothing wrong with sending the message that an employee should indeed resign if that is the only alternative to continuing to participate knowingly in illegal activity, ideally coupled with reporting the conduct … to the Fair Work Ombudsman”.
Employee Assist Principal, Amnon Kelemen writes that in unfair dismissal proceedings before the FWC, “an experienced and/or qualified HR professional will generally be considered capable of representing an employer even in circumstances where they is also a witness.” This article provides case examples readers can learn from.
Read several specific social media posts that have made the headlines in this article by Lisa Qiu, as well as what lessons should be considered when employers are looking to terminate an employee over personal social media posts.
Kott Gunning educates us on the topic of constructive dismissal… “it occurs when the conduct of the employer was so “harmful, adverse or unfriendly to” the contract of employment and the employment relationship that the employee could not be expected to put up with it”.
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.