Dismissal valid despite HR’s “failure” to take appropriate action

Dismissing an employee without a valid reason or without a fair process can leave an employer without grounds to defend an unfair dismissal application. However, this is not always the case. In a recent matter, the Fair Work Commission (FWC) found the employer had a valid reason for dismissal and this overcame poor employment practices when determining whether the dismissal was unfair. The employee’s inability to perform the inherent requirements of her role was a determining factor in this decision and ultimately overcame the employer’s failure to adequately investigate allegations of workplace bullying. In the decision, DP Booth reminds employers not to ignore allegations of workplace b

It is a Matter of Construction...

The Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) is an Act designed to entitle construction contractors to timely payment for their work and materials by way of a statutory “payment claim” and adjudication process faster than Court proceedings. Section 8(1) of the Act contains a definition that is critical to the purposes of the Act. It defines a “reference date” to be “a date determined by or in accordance with the terms of the contract as the date on which a claim for a progress payment may be made in relation to work carried out or undertaken to be carried out under the contract”. Section 13(1) makes use of definition of “reference date” in setting out t

Employer ordered to pay compensation to pregnant employee for failure to consult.

Redundancy consultation obligations often seem to be overlooked or inadequately undertaken. Following on from our recent article, in another Fair Work Commission (FWC) decision an employer has been ordered to pay compensation to a pregnant employee after making her redundant. Whilst the FWC found that the employer was justified in making the employee’s role redundant, it held that the employer failed to consult with the employee about her redundancy and ordered the employer to pay her compensation for unfair dismissal. The employee was a full-time practice manager at a dental clinic. The employer ran the dental practice and decided that the business no longer required a full-time practice

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