The Fair Work Act 2009 sets out remedies for employees who say that they have been dismissed not for a valid reason or dismissed because of a breach of ‘general protections’.
There is a strict 21 day deadline on bringing such dismissal claims.
The Litigation Team knows how to compose strong and effective applications for employees and responses for employers in the time frames imposed.
Matters founding unfair dismissal claims are often based on performance issues, failure to comply with policies or no valid reason at all.
Matters founding dismissals based on a breach of general protections include dismissal because of temporary absence because of injury or illness, dismissal based on an unlawful ground of discrimination, eg age, race, sex, political views, family responsibilities amongst others or dismissal because the employee has exercised a workplace right.
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A timely reminder from Qantas
In the case Qantas Airways v Transport Workers Union of Australia [2023] HCA 27, the central question on appeal for the High Court was to determine whether Qantas’ decision to outsource its baggage handlers was a contravention of the general protections provisions of...
5 Tips for an Effective Position Description
5 tips for an effective position description 1. Be crystal clear – it is imperative to document the duties, competencies and responsibilities of the position in writing to afford certainty to the parties as to the requirements of the role. This includes all and any...
The dichotomy of vicariously acting for God in cases of intentional wrongs
The Victorian Supreme Court of Appeal on 3 April 2023 ruled that a Diocese was liable for the criminal acts of an assistant priest as an ‘apparatus of God’ - leaving little scope to separate the intentional wrongs of a member of clergy from the religious institution....
Litigation: The One Time When You Need to Put All Your Eggs in One Basket
Between 2011 and 2019 Tobias Tucker was a senior solicitor at the State Revenue Office of Victoria (SRO). In 2017 he was the subject of two investigations concerning his behaviour at work. Before either of the investigations had been finalised, he issued a proceeding...
Employees and Independent Contractors
Employees and independent contractors are not the same under the Fair Work Act (2009). When engaging an independent contractor or an employee it is important that the recruiting party understands the distinguishing features. Significant legal and financial...
Lismore Trust v GLJ: Permanent Stay Granted Where Perpetrator is Dead
Photo by Nico Smit on Unsplash The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 (‘Lismore Trust v GLJ’) On 1 June 2022 the New South Wales Court of Appeal permanently stayed an historical child abuse proceeding. Facts The...
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Nevett Ford Melbourne Pty Ltd
ABN: 80 144 697 790
Level 16, South Tower, Rialto Building, 525 Collins Street
Melbourne, VIC 3000