Employer rights; directing an employee to be medically examined

An employer has a common law right to direct an employee to attend and be examined by a medical practitioner…

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Employer policies; the fair work implications

Lawful and reasonable policies and directions; the fair work consequences It is accepted by fair work practitioners that a refusal…

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Access to medical records of employee by employer Part 1

I am often asked whether an employer can lawfully demand access to an employee’s private medical records. The demand is…

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Can employer ban an employee from having another job? The end

Yesterday, we established that as a general rule Australian common law will uphold an employment contract which contains a prohibition…

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Conflicts of interest in employment law

I often come across the issue whether an employee has a relevant conflict of interest which is a legitimate point…

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Standing down employees

There is no common law right which Australian employers have to stand down an employee or employees without pay during…

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When will disobedience to an instruction justify dismissal?

Employers have the common law right to issue a lawful and reasonable direction or instruction to an employee, who will…

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When will a refusal to comply with an employer’s instruction be a valid reason for dismissal?

When will a refusal to comply with an employer’s instruction be a valid reason for dismissal? “Valid in this context…

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The implications of employer policies and directions for valid reason for dismissal

Valid in this context is generally considered to be whether there was a sound, defensible or well-founded reason for the…

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Management prerogative explained

The general principles in relation to managerial prerogative were considered by Vice President Lawler in Construction, Forestry, Mining and Energy…

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