What is unfair Dismissal?

Unfair Dismissal Australia

Unfair dismissal laws in Australia commenced on June 30, 2009 under the Fair Work Act 2009. Since passage, there has been a significant increase in the number of claims filed with the Fair Work Commission. In 2008-2009, there were 7,994 complaints lodged against employers, while 2010-2011 there were 16,768, representing an increase of …

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Ashurst lawyer slams employer’s “egregious contempt”

An employer’s ignorance of the law is no excuse, and its failure to comply with a Fair Work Commission (FWC) order is reprehensible. That is the conclusion of the Federal Circuit Court, which recently levied a “significant penalty” against Agad Property Consulting Pty Ltd—practically doubling the employer’s financial obligation in …

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Workplace can include pub across the road: Federal Court

Recently, the Federal Court upheld a finding that says a pub two work colleagues visited, directly across the road from their office, was actually a “workplace” under federal discrimination legislation. Last December, Justice Mordy Bromberg found that a male accountant had verbally and physically harassed his female supervisor over three …

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Sexual Harassment of Women in the Workplace

A Common Phenomenon Sexual harassment of women in the workplace is still disturbingly common in Australia. According to a telephone survey undertaken by the the Australian Human Rights Commission in 2012, women are still the main targets of sexual harassment at work. Whilst a small percentage of men (16%) admitted …

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Workplace Bullying: Is There a Solution?

Bullying in the context of the workplace Bullying in the workplace is recognised, in Australia, as a health and safety issue and has been defined, in general, as “repeated, unreasonable behaviour directed towards a worker or a group of workers, that creates a risk to health and safety” (Australian Government …

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First Bullying Decision Defines “Reasonable Management Action”

The Fair Work Commission, after the first ruling under anti-bullying rules, has defined the concept of a “reasonable management action” regarding a manager’s claim of repeated unreasonable treatment by other employees. This definition came as the result of an official complaint made by a supervisor who claimed that two subordinates …

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Sexual Harassment at Work: What are Your rights?

Sexual harassment is unwelcome or unwanted sexual behaviours, and has nothing to do with friendship or mutual attraction. It can be a humiliating experience for most people, particularly if their employers (or even co-workers) berate them in front of everyone for not reciprocating the advances. Examples of Sexual Harassment Behaviours …

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