September 2018
The ACT’s Reportable Conduct Scheme – The role of the Employer in the investigation process
If the reportable conduct scheme applies to your organisation in the ACT, you have a mandatory obligation to respond to reportable allegations. Below we have listed the key tasks of the Employer who receives a reportable allegation under the ACT’s Reportable Conduct Scheme. This list is provided for general guidance only and as the scheme …
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Employment Law Series: Disputes arising from employment termination – general protection claims & adverse action
As we all know, often termination is challenging and if not handled delicately can result in a dispute. The common disputes that arise out of employment termination are: Unfair Dismissal; and General Protection claims. In this article, we examine general protection claims. General Protections One of the primary objectives of the Fair Work Act 2009 …
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Employment Law Series: Ending Employment – Serious Misconduct
It is fair for an employer to dismiss an employee without notice or warning when the employee’s conduct is sufficiently serious to justify immediate dismissal (summary dismissal)[1]. The reasons must be sound, defensible and well founded. It cannot merely be a matter of the employer showing that it believed on reasonable grounds that the employee …
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Employment Law Series: Ending Employment – Redundancy
What is redundancy? In general, a position is redundant if the employer no longer requires the job to be performed by anyone. In enacting redundancy an employer must comply with the requirements of: Fair Work Act 2009 (Cth) (FWA) relating to dismissal on grounds of genuine redundancy, severance pay and consultation over large-scale redundancies any …
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Employment Law Series: Ending Employment – Performance Management
The most common reason for an employer wanting to terminate an employee’s contract is underperformance. Managing this process carefully is required given the complexities and differences surrounding each employment relationship. You need to ensure the employee is treated fairly and minimize any adverse repercussions on any business. It is important to understand that underperformance and …
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