termination drunk employee unfair dismissal

Let’s not drink to that – termination valid for drunk employee at Christmas party

By Lewis Holdway / August 30, 2018 /

The recent case of Vai v Aldi Stores is a warning to employees that after-hours misbehaviour can lead to termination of employment.  In this case, Vai threw a glass of beer over the heads of colleagues at a staff Christmas party. This incident occurred after the employee had been counselled by managers to settle down…

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termination notice period unfair dismissal lawyers melbourne

Pedalling Uphill: Failure to give notice puts a brake on unfair dismissal

By Lewis Holdway / August 21, 2018 /

In the recent appeal decision of Miller v Urban Pedaler [2018] FWCFB 4166, the Fair Work Commission has sent a stark warning to all employers that raising performance issues and informing an employee that they are at risk of losing their employment must be dealt with appropriately. Background of Case In this case the Employer…

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don't sack employee by phone, text or email

Do it right: Don’t sack by phone, email or text

By Lewis Holdway / August 9, 2018 /

The recent decision of Cachia v Scobel is a timely reminder that sacking an employee should be done in person. In this case the employer had followed the Small Business Code to conduct the process of termination, but when it came time to notify the employee that their employment was terminated they did so by…

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unfair dismissal application termination employment lawyers melbourne

Exceptional Circumstances – Get the paper work right or pay up

By Lewis Holdway / June 18, 2018 /

A recent decision of the Fair Work Commission (FWC) is a timely reminder to employers to get their paper work right when dismissing an employee. Adams v Starfire – Background In Adams v Starfire, the employee made an unfair dismissal application out of time. Under s. 394(3) of the Act, an unfair dismissal application must…

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Fired for using Facebook after hours Employment lawyer melbourne

Fired for using Facebook after hours: It's possible.

By Lewis Holdway / March 8, 2018 /

A recent decision of the Fair Work Commission has confirmed a proactive employer’s approach to investigating an out of hours incident involving an employee, social media and inappropriate material. In the decision Cowell v Sydney International Container Terminals Pty Ltd [2018] FWC 174, the Commission allowed an employee’s sacking for misconduct even though the employer…

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performance manage employee employment lawyer melbourne

How to effectively manage the performance of your employee

By Lewis Holdway / December 18, 2017 /

Once you’ve got employees, at some point you might be forced to address underperformance of an employee. It’s important to consider what outcome you are trying to achieve. It’s also important to conduct the process with a view to avoiding an unfair dismissal claim should the process result in termination of the employee. Your Employment…

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Termination of Employee by Administrators

Administrators lack faith: when termination of an employee can go wrong for an Administrator

By Lewis Holdway / September 11, 2017 /

The recent decision of South Head & District Synagogue (Sydney)(Administrators appointed) [2017] NSWSC 823 is a wake up call to Administrators and how they handle employees, particularly employees whose contracts contain particular religious belief systems or individuals who hold an office.  In this decision, His Honour Judge Brereton granted injunctive relief to a Rabbi preventing…

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workplace employment issues

Solutions for your Workplace Issues

By Lewis Holdway / September 1, 2017 /

At Lewis Holdway Lawyers, we understand that your employees are both your biggest asset and your biggest cost. We know that you might worry about how to:  Keep your staff Keep them accountable Manage them Deal with workplace bullying Terminate/dismiss them Protect your business Avoid an unfair dismissal claim Manage an unfair dismissal claim If…

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Unfair Dismissal: Investigation closed? Failure to do so cost employee dearly

By Lewis Holdway / August 24, 2017 /

The recent decision of Rust v Farstad Shipping (Indian Pacific) Pty Ltd [2017] FWC 3426, is a timely reminder to employers that seek to terminate an employee for a series of misconduct events. Workplace Investigation Opened… In this case, the employee, a captain of a ship, had been investigated for misconduct in 2014 and then…

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Adam Foster Tips to Avoid Unfair Dismissal

5 Tips to Avoid Unfair Dismissal Claims

By Lewis Holdway / August 21, 2017 /

Are you thinking of terminating an employee? It can seem daunting at first, but it doesn’t need to be. Find out what you need to know to avoid unfair dismissal claims. Adam Foster, Employment and Workplace Lawyer, gives you 5 important tips for ensuring the process goes as smoothly as possible.   Adam Foster give…

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