Termination of Employment

August 26, 2025

Alert!
The ‘right to disconnect’ comes into force for Small Businesses on 26 August 2025

Employment Contracts, Termination of Employment

Closing Loopholes No. 2 Act amended the Fair Work Act 2009 to prevent employers from contacting employees (or attempting to contact) outside of their ordinary work hours. For non small businesses (with 15 or more employees), this came into effect on 26 August 2024 and for small businesses (with less than 15 employees), this came into effect […]

February 4, 2025

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

General Protection, Termination of Employment, Unfair Dismissal

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 […]

March 26, 2024

EMPLOYMENT UPDATE
Hours reduction for casual employees amounts to dismissal

Awards and Employee Entitlements, General Protection, Termination of Employment

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 […]

October 31, 2022

EMPLOYMENT UPDATE
Reinstatement for employee following guilty verdict on criminal charges overturned

Misconduct, Serious Misconduct, Termination of Employment, Unfair Dismissal, Workplace Investigations

This month we deal with an extremely interesting decision of the Fair Work Commission where despite best practice investigation there was a ruling against the employer. Our key message is this should not detract from an employer seeking to follow best practice in allegations of serious misconduct. Sydney Trains has been ordered to reinstate an […]

July 28, 2022

EMPLOYMENT UPDATE
Employer to pay $2.25 million in bullying case

Performance Management, Termination of Employment, Workers Compensation Reviews, Workplace Bullying

This month we look at a recent matter in the Federal Court which resulted in one of the largest financial penalty, compensation, and costs orders made within the general protections jurisdiction. Following two key decisions in the matter, which traversed complex legal issues, including constitutional conflicts between federal and state legislation, Justices Rares ordered the […]

January 31, 2022

EMPLOYMENT UPDATE
An employee’s defiance of a public health order was a valid reason for dismissal

COVID-19, Termination of Employment, Unfair Dismissal

In a recent unfair dismissal decision, the Fair Work Commission (‘FWC’) confirmed that a crane company had a valid reason to dismiss a mobile crane operator (‘employee’), who attended an illegal protest in contravention of a Victorian Government public health stay-at-home order (‘PHO’). Significantly, the FWC rejected the employee’s claim that although he had attended […]

March 30, 2021

EMPLOYMENT UPDATE
Not an unfair dismissal rules FWC

Termination of Employment, Unfair Dismissal

This month we look at a recent unfair dismissal decision of the Fair Work Commission. Deputy President Sams, in determining that the employee’s termination was not harsh, unjust or unfair, was highly critical of the self-represented applicant who had been dismissed by her employer for a loss of “trust and confidence in her ability to […]

July 8, 2019

EMPLOYMENT UPDATE
Why Contracts and Policies are Essential

Employment Contracts, Policies and Procedures, Restraint of Trade, Termination of Employment

The importance of having well-written employment contracts and workplace policies cannot be underestimated as they can set a very clear framework in which the relationship between the parties will be regulated. They also provide significant assistance when resolving workplace disputes. Why have employment contracts? Failure to enter into a written contract of employment with employees […]

April 1, 2019

EMPLOYMENT UPDATE
Dismissal Round Up & Lessons For Employers

Misconduct, Settlement Agreements, Termination of Employment, Unfair Dismissal

This month we round up some recent dismissal cases that provide valuable lessons for employers when stepping the sometimes perilous path of dismissing an employee. A dismissed employee can often be a disgruntled one, with potential to cause disharmony in the workplace even after they have left. Dismissed employees can bring various claims against former […]

July 27, 2018

EMPLOYMENT UPDATE
Workplace bullying, performance management, and dismissals being effected “in person”

Archive, Discrimination and Harassment, Performance Management, Termination of Employment, Workplace Bullying Adverse Action, Bullying, Investigation, Misconduct, Performance, Redundancy, Serious Misconduct, Sexual Harassment, Social Media, Termination, Workplace Bullying, Workplace Culture, Workplace function

This month we examine a case which considered the definition of bullying and also commented on what constitutes reasonable performance management. We also briefly look at a case where an employer dismissed an employee by email. What constitutes bullying under the Fair Work Act 2009 The Fair Work Commission recently dismissed an anti-bullying order sought […]

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