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General Protection

Copy of adverse action (200 x 200 px)

Employment Update

Failure to provide light duties adverse action

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The Federal Circuit and Family Court of Australia (‘Court’) has recently determined that a failure to provide alternative ‘light’ duties to an injured employee constituted adverse action, and ultimately represented a breach of the general protections provisions in the Fair Work Act 2009 (‘FWA’). While compensation and penalties are yet to be determined by the […]

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policies (200 x 200 px)

Employment Update

No policy = $100,000 fine

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Earlier this year, a Victorian Magistrate’s Court handed down a $100,000 fine and a costs order against an employer in a decision which highlights the importance of having proper policies and procedures. In this Employment Update we discuss two decisions that highlight the cost of not having proper policies, procedures, and training regimes in place.  […]

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EMPLOYMENT UPDATE

Constructive dismissal: when is a resignation considered ‘forced’?

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Two recent decisions of the Fair Work Commission have provided guidance on when a resignation may be considered ‘forced’, and so a dismissal at the employer’s initiative. One of these cases involved a situation where the employee was refused a discretionary bonus, while the other involved an employee being required to make repeated requests for […]

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EMPLOYMENT UPDATE

Hours reduction for casual employees amounts to dismissal

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The recent Fair Work Commission decision of Tanasak Supsingcra v White Rabbit Kiaora Lane Pty Ltd demonstrates the risks faced by employers where they seek to punish a casual employee by reducing their hours. Facts The employer, ‘White Rabbit’, operate cafés in Sydney. The aggrieved employee, Mr Supsingcra, was engaged by White Rabbit on a […]

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employee rights (200 × 200 px) (1)

EMPLOYMENT UPDATE

The rise and rise of the General Protections Claim

When considering disciplining an employee, employers usually turn their minds to the risk of an unfair dismissal claim, particularly where they are considering termination as the disciplinary action to be taken.  Whilst unfair dismissal is often front of mind, all too often, employers are unaware of the significant risk posed by the general protections provisions […]

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