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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Lawful and reasonable instructions; employers need not be logical

The determination of reasonableness does not require an employer to demonstrate that the direction issued was the preferable or most…

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Can an employer require an employee to prove physical fitness for work?

“The issue whether or not it is reasonable for an employer to direct an employee to provide medical evidence regarding…

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Hush hush; employer’s secrets must be kept

In Ziogas v Telstra Corporation Ltd (2010) FWAFB 2664 the Full Bench held that the deliberate but unauthorised disclosure by…

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When can an employer insist that an employee see a doctor of its choice?

See Blackadder v Ramsey Butchering services Pty Ltd [2002] FCA 603 and in particular the following: “ An employer has,…

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Unfair dismissal; safety is king (provided that is made clear to workers)

An employer is entitled to strictly enforce genuine safety rules, even if they leave very little room for the exercise…

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Dismissal for refusing to attend employer’s doctor valid

The Federal Court in an appeal has upheld the right of an employer to give an employee an instruction to…

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Management prerogative explained

Transport Workers’ Union of Australia v TNT Australia Pty Ltd contains the following passage “That said, the right of the…

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