UnFair Dismissal in Sydney, Australia | Labour & employment law solicitor

UnFair Dismissal

Locality: Sydney, Australia

Phone: +61 423 018 344

Address: Level 36, 52 Martin Place 2000 Sydney, NSW, Australia

Website: www.statechambers.net/uche-okereke-fisher

Likes: 206

Add/Update information

Reviews

Tags

• Local service
• Labour & employment law solicitor

21.01.2022 Recent Fair Work Case where an employee had resigned and 2hrs later was terminated by her employer. The basis for her dismissal was that the employer claimed she had backdated a medical certificate to cover a work absence which the employee disputed. The employers claim was found by the Commissioner not to be supported by the evidence they provided The Commissioner found that in firing the employee after they had resigned, that meant that they had rendered her resignation in...valid thereby opening up an unfair dismissal claim. The employer did not at the time provide a solid reason nor undertook procedural fairness in dismissing the employee Things to note as a result. You may disagree with the reasons for a resignation but that in itself does not make the resignation invalid. What you need to do is document the reasons why object to their reasons at the time of their resignation. Businesses should take care to follow due process if they are planning on dismissing a worker, including documenting any performance issues over a period of time. Ultimately If someone says they are planning to resign the business needs to ask for it to be put in writing, Any allegations made by an employee as to why they are resigning should be addressed with the employee at the time of the resignation ( including if the employee feels that they are being forced to resign ). Thus you can accept the resignation but reject the basis for it. #unfairdismissal #emplymentterminated

21.01.2022 The Australian Cyber Security Centre has advised that there has been an increase in myGov related SMS and email Scams The scams appear to have come from either the ATO or myGov and ask individuals to verify and confirm details ( similar scams operate for the Banks ). If you receive such a request delete it and never click on any of the links as potentially they could load either malware or ransomware to your network. If in doubt always logon to your account via the official w...ebsite. #ATOscams #myGovscams

20.01.2022 A restaurant in SA dismissed a casual waiter without notice in November last year as a result of a dispute between the workers partner and the business over pay rates. The business subsequently dismissed the worker on the spot ( after she had alleged that she was only being paid $ 10m ph later increasing to $ 13 ph) in the days following the pay dispute, citing an alleged poor performance by the worker. The director later conceded the argument was a trigger for the dismiss...al. The Fair Work Commissioner found that there was no basis for the dismissal and that the initial pay of $ 10 ph was far below the relevant award wage. The Commissioner found that a lack of notice as well as an opportunity for the worker to respond contributed to the dismissal being unfair. Although the lack of a dedicated HR process did provide some degree of mitigating circumstance he was satisfied that the dismissal was harsh, unjust and unreasonable. He went on to state that whilst there may have been some performance issues that could have been dealt with by a warning to the worker. Under the Fair Work Act, summary dismissal is only justifiable in cases of serious misconduct, including theft, fraud, violence and serious breaches of occupational health and safety procedures. Although it is tempting for a small business to take unilateral action they need to be aware of the relevant laws and ensure that they comply before taking that action. In this instance, the worker was to receive a $ 3,900 payout with respect to their unlawful dismissal

19.01.2022 http://www.smh.com.au//a-filipina-cleaner-was-paid-as-litt Mans inhumanity to his fellow man is mind-numbing. Grateful for laws that are enforceable.

19.01.2022 Australia is set to bar anyone who has been convicted of domestic violence, from the country, irrespective of the sentence attached to the offence. Under current laws, visa revocation is only triggered if the foreigner fails the character test or has received a custodial sentence of 12 months or more.

19.01.2022 Quite delighted to have won this case. When it comes to termination of employment, even law firms could do with legal advice. https://www.fwc.gov.au//decisionssign/html/2016FWC1664.htm

16.01.2022 The following highlights that it is the Employer who has to ensure that working conditions under the relevant awards are being adhered to they cant assume that they are or that they have passed that responsibility onto the employee. As this case highlights, this can be a very expensive exercise for the Employer. https://www.smartcompany.com.au//backpay-fruit-delivery-/

15.01.2022 An employers request to cut redundancy payouts to four employees by nearly $30,000 has been affirmed by the Fair Work Commission. The company argued that the impact of the COVID-19 pandemic had placed it under significant financial strain. The redundancies occurred in April before Job keeper kicked in and likely would not have made a significant difference. Expect that there will be a few more of these as businesss struggle with the aftermath of the pandemic. However, th...is should not become fait accompli as it will depend on the particular circumstances that a business is in at that time. https://www.mybusiness.com.au//7049-fwc-allows-sydney-co-t

14.01.2022 Inappropriate Language in communication with fellow employees and management staff may constitute Valid reason for termination. Watch it!!!

13.01.2022 An Employer can terminate an employees employment for criminal conduct outside work :William James Sandilands v Industrial Relations Secretary on behalf of Legal Aid NSW [2018] NSWIRComm 1051 Facts An Employee was involved in domestic violence incident with his estranged wife, leading to a charge of assault occasioning actual bodily harm. He pleaded not guilty and opposed the ADVO, but was ultimately convicted by a magistrate who ordered a final ADVO against him for 12 mont...hs. Consequently, his employer terminated his employment. He appealed his dismissal to the Fair Work Commission on the basis that it was harsh, unreasonable or unjust because there was not a sufficient link between his conduct and his employment. He also relied on his unblemished extensive employment record. The Commissioner found that (i) the Employee had engaged in misconduct (ii) There was a sufficient link between the misconduct and employment to warrant dismissal (iii)The Employer had a legitimate interest in protecting its reputation which was threatened by the serious nature of the crime. #barristerfisher See more

13.01.2022 Since the Jobkeeper scheme was introduced in March Fair Work has dealt with 405 disputes whereby Employers were not paying staff correctly. In addition, the ATO has received almost 6200 tip-offs relating to Job Keeper and has to chase up 1800 Employers for breaching their obligations under Job Keeper. 18 business per day are coming under scrutiny and investigation by the ATO and Fair Work. Stories of Employer intimidation and bullying with respect to hours and eligibility of ...their employees are just some of the issues that are being dealt with. #jobkeeperscams #fairworkinvestigation #payrollobligations #employerrorting

12.01.2022 Have you been dismissed at work? Has your Employer witheld wages accrued prior to termination? Sexual Harrasment and WorkPlace Bullying? Speak to a Lawyer: 0423018344

11.01.2022 Recent Federal Court decision in WorkPac Pty Limited V Rossato held that an employee was not a casual employee for the purposes of the Fair Work Act ( even though he was one six consecutive contracts ) but was in fact a permanent employee and therefore entitled to Annual Leave, Sick Leave and Compassionate leave under the relevant enterprise agreement https://www.lawyersweekly.com.au//28376-series-of-class-ac

11.01.2022 As one Queensland business has found recently it does not pay to ignore Fair Work Commission orders relating to Unfair Dismissal claims. In this instance, the company and its director were fined almost $ 40,000 for ignoring a compensation order to an unfairly dismissed employee. The commission had found that the employees termination was unjust, harsh and unreasonable. It ordered the company to compensate the employee $ 19,640 plus commission. When this was not paid the e...x-employee requested the FWC for assistance, The company only paid the employee once legal action by the FWC had commenced. The Commissioner noted that it is fundamental to the integrity of the workplace relations system that commission orders are enforced. The FWC will take court action, particularly when [commission orders] involve compensation for vulnerable employees,

09.01.2022 Is it a Serious Misconduct?

04.01.2022 Doctor alleges he was fired for disclosing "improper state of affairs" to the board at CommInsure.

02.01.2022 An employer’s request to cut redundancy payouts to four employees by nearly $30,000 has been affirmed by the Fair Work Commission. The company argued that the impact of the COVID-19 pandemic had placed it under significant financial strain. The redundancies occurred in April before Job keeper kicked in and likely would not have made a significant difference. Expect that there will be a few more of these as business's struggle with the aftermath of the pandemic. However, th...is should not become fait accompli as it will depend on the particular circumstances that a business is in at that time. https://www.mybusiness.com.au//7049-fwc-allows-sydney-co-t

01.01.2022 What Makes a Dismissal Unfair? Notably not all dismissals are unfair. Organizations need to ensure that a decision to terminate an employee is not made casually without ensuring that all the relevant boxes are ticked. A dismissal is unfair if it is harsh, unjust or unreasonable. The concept of harsh, unjust or unreasonable may overlap such that it may be (i) harsh but not unjust or unreasonable (ii) unjust but not harsh or unreasonable, or unreasonable but not harsh or unjust. Employ the services of an experienced Employment Lawyer to assess the merits of your claim.

01.01.2022 In the hierarchy of terms and conditions of employment, the National Employment Standards (NES) are at the pinnacle. The NES are minimum standards that apply to the employment of employees ( other than casual employees) which cannot be displaced. The 10 Minimum entitlements of the NES are (1) Maximum weekly hours(2)Requests for flexible working arrangements (3) Parental Leave(4) Annual Leave (5)Personal/Carers Leave, Compassionate Leave and unpaid family and domestic violence Leave (6)Community Service Leave(7)Long Service Leave (8)Public Holidays(9)Notice of termination and redundancy pay(10)Fair Work Information Statement.