Unfair dismissal, breaches of policies and misconduct

“Wilful or deliberate behaviour amounting to serious misconduct is conduct which strikes at the heart of the employment relationship. In North…

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Fingerprints in the workplace

The Privacy Act (Commonwealth) together with guidelines provided by the Office of the Australian Information Commissioner suggest that employers can lawfully store…

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Employer policies; e-mail systems

An employer is entitled to publish policies and procedures, assuming that they are coherent and reasonable, about the standards of…

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When must an employee comply?

An employer is entitled to issue an instruction to an employee if it is lawful and reasonable. A direction or…

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Unfair dismissal and lawful and reasonable instructions

An employer is entitled to insist upon an employer complying with lawful and reasonable instructions, including to visit a medical…

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Unfair dismissal; employers must follow their policies

In Romero v Farstad Shipping (IP) Pty Ltd (2014) FCAFC 177 delivered on 22 December 2014 a Full Federal Court…

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Employment contracts; implied trust and confidence

The question whether an employer’s policies and procedures can create enforceable obligations on the employer remains unanswered following the decision…

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Unfair dismissal; the relevance of contrition

I came across a Full Bench decision recently, which dismissed an appeal brought by a former employee against the dismissal…

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Employer policies and unfair dismissal

The relevance of an employer’s policies to whether a dismissal for a breach of them is on show in the…

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Can employer ban employee having more than one job? Part 1

Is it legitimate and enforceable for an employer to ban an employee from having a second job? Obviously it is…

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