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Biometric scanner dismissal unfair
Insight 10 Sep 2019

In April, we reported on Jeremy Lee being granted permission to appeal after he was dismissed for refusing to use a biometric scanner in the workplace. The Full Bench of the Fair Work Commission has since decided the dismissal was unfair. ...

Workplace Relations
Insight 05 May 2016

Workplace Relations: We look at an adverse action case; why a redundancy doesn't constitute a termination; the importance of a consistent process to deal with workplace bullying; the fairness of a dismissal for failing workplace drug tests; and preventing an employee going to work with a competitor ...

Employment Law
Insight 10 Oct 2016

This Insight examines the latest developments in employment law ...

Workplace Relations
Insight 25 Jun 2014

We look at the circumstances where a court may not grant an injunction to restrain an employee from working with a competitor the Fair Work Commissions position on legal representation a case that helps clarify when restructuring roles will create genuine redundancy whether a gift to employees who ...

Employment Law
Insight 19 Sep 2016

In this issue we look at how redundancies can breach enterprise agreement provisions whether union officials can exercise their right of entry entitlements before or after work reasonable notice terms in employment contracts and the processes a labour hire company should follow before dismissing an ...

i.e. versus e.g.: interpretation of enterprise agreement not ultra-literal
Insight 09 Nov 2018

An employer's misunderstanding of Latin has had harsh consequences for it in the interpretation of an enterprise agreement. Associate Victoria Eastwood reports. ...

Dismissal for scab-calling unfair
Insight 19 Jan 2019

The Full Bench of the FWC decided that an employer's decision to summarily dismiss an employee for calling another worker a 'f***ing scab' during protracted industrial disputation was unfair ...

ATO clarifies position on superannuation and annual leave loading
Insight 30 Apr 2019

The Australian Taxation Office (the ATO) has clarified that superannuation will be payable on annual leave loading unless there is evidence that the reason for the loading is connected to a lost opportunity to work overtime. ...

Mental health issues not a shield against discipline and dismissal
Insight 10 Sep 2019

The Full Bench of the Fair Work Commission decided that an employer's decision to dismiss an employee with known mental illness issues was fair. ...

Full Court decides what's in a 'day'
Insight 10 Sep 2019

In a decision with far-reaching implications for employers, the Full Court of the Federal Court has decided that employees who work 12-hour shifts spread over a 36-hour week are entitled to 10 days of their shifts each year for personal/carer's leave. ...

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