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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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Government Agencies – Privacy Update

APP CODE FOR COMMONWEALTH AGENCIES On 1 July 2018, the Privacy (Australian Government Agencies – Governance) APP Code 2017 (the Code) commenced. The Code is designed to enhance the privacy accountability and capability of agencies and is in line with a shift towards a more proactive and vigilant approach to privacy. The Code is specific …
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Strengthening For Purpose: ACNC 2018 Report Summary

STRENGTHENING FOR PURPOSE: AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION LEGISLATION REVIEW 2018 The Report following a review of the Australian Charities and Not-for-Profits Commission (ACNC) legislation was released on 22 August 2018 after much industry consultation. While the review is focused on the Act and operations of the ACNC, it makes a number of recommendations which …
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Employment Law Series: Ending Employment – Abandonment of Employment

Employers need to be careful when considering whether abandonment of employment has occurred and terminating the employment contract. Abandonment cannot be determined strictly based upon the contractual position. But does include a detailed consideration of all the facts (not including the parties’ subjective beliefs or the reasonableness of the parties’ conduct). The wrong determination on …
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Employment Law Series: Ending Employment – Resignations

The most common form of employment separation is where an employee provides an employer with Notice of their intention to end the employment relationship. This is usually consensual and the key consideration is normally whether sufficient Notice has been provided. Notice The required Notice can be set out in an enterprise agreement, employment agreement or …
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I spy, with my little eye… an employer who requires a workplace surveillance policy

It is becoming increasingly common for employers to monitor their employees whilst in the workplace, and when using employer devices. Although Australia does not currently have uniform laws governing the surveillance of employees, in the Australian Capital Territory and New South Wales, there are specific regulations which dictate what an employer must do before conducting …
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