Red Wagon Workplace Solutions

In this decision late last year, the High Court of Australia addressed the availability of damages for psychiatric injury following a breach of contract in employment. The Court allowed the appeal, finding that the damages for psychiatric injury were not too remote and were within the reasonable contemplation of the parties at the time of contract formation. Why is this decision important? This decision underscores the risks associated with external documents being found to be incorporated – inadvertently or intentionally – in the contract of employment. #humanresources #hr #industrialrelations #employeerelations #employmentlaw #misconduct #contract #injury #policies

In Dixon and Minhas v United Workers’ Union, a Full Bench of the Fair Work Commission considered for the first time what constitutes a ‘general protections court application’ for the purposes of s 728 of the Fair Work Act 2009. The Full Bench held that a prior adverse action application claiming relief in relation to the dismissal was a general protections court application that prevented the later making of an unfair dismissal application. #humanresources #industrialrelations #employmentlaw #fairwork #generalprotections #unfairdismissal Red Wagon Workplace Solutions

In Larobina v Royal Melbourne Hospital, Snaden J considered an application for an interlocutory injunction requiring, in effect, that the respondent (RMH) lift his suspension. In this regard, Snaden J found that the applicant failed to establish a prima facie case that the suspension was actuated by reasons proscribed by the general protections provisions contained in Pt 3-1 of the Fair Work Act 2009 (Cth). #humanresources #industrialrelations #employmentlaw #fairwork #adverseaction #suspension Red Wagon Workplace Solutions

In Samuel Shilson-Josling v Atomic Search, Deputy President Boyce of the Fair Work Commission determined that a dismissal was a case of genuine redundancy flowing from the exercise of managerial discretion to make changes in the operational requirements of a business. #humanresources #industrialrelations #employmentlaw #fairwork #unfairdismissal #redundancy Red Wagon Workplace Solutions

We've created a FREE Redundancy Checklist that can help you with your redundancy planning. It's that time of year when businesses are looking at making changes to increase efficiencies or reduce costs - and this can often result in restructure and redundancy. This checklist covers 15 areas that you need to consider BEFORE making someone redundant. Comment 'checklist' below and we will send you a copy.

Has your employee resigned but not given enough notice? Did they shout "I quit" and storm out, only to give an apology shortly afterwards and say they didn't mean it? Perhaps you need them to complete a project but not respond to new clients? This article provides a summary of some of the commonly asked questions about managing resignations. #humanresources #industrialrelations #employmentlaw #fairwork #resignation #dismissal

The Hawthorn Football Club has reached a settlement of the Federal Court proceedings, in which former employees and their families alleged racial discrimination by the club.

The path to ending an employment relationship is often complex and lengthy. When assessing options for the termination of an employee who has breached their employment contract or who has no intention of fulfilling the terms of the contract, you could consider the principles of frustration of the contract.   In this article, we provide an overview of the six key principles that underpin the frustration of employment contracts. #humanresources #industrialrelations #employmentlaw #dismissal #contracts #termination

The Workplace Gender Equality Agency (WGEA) has released new data on the initiatives employers have implemented to prevent and respond to sexual harassment in the workplace. This data provides insights into the steps taken by employer following the introduction of the positive duty to provide a safe workplace for all employees, as required by amendments to the Sex Discrimination Act 1984 (Cth).

One of the questions commonly asked of Susan Sadler, our CEO and investigations expert is about recording of interviews during an investigation process. This article provides an overview of workplace surveillance and the different legislations that apply across Australia. #humanresources #industrialrelations #employmentlaw #workplaceinvestigations #workplacesurveillance