Case Shows the Need for Proper Investigations

An employee who was dismissed for allegedly stealing customer’s property has been successful in his unfair dismissal claim because the Fair Work Commission (FWC) found that the employer had botched the investigation into the matter. In Hatch v WesTrac Pty Ltd [2020] the FWC found that the employer had failed to properly interview two

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Casual Employee Resignation

Resignation: do casuals have to give notice?

Does a long-term casual employee have to give notice of resignation? This question has recently been posed the question by a number of clients.

Generally, there is no requirement for casual employees to provide any notice by the employee or by the employer to the employee. The required period of notice of termination to be given by an employee upon their resignation is determined by the applicable modern award, enterprise agreement or the terms of an individual’s contract of employment.

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HR, Employment Law

Fair Work Commission’s Endorsement of PIPs and Dismissal Process – A Lesson in Getting the Process Right

Many of our clients who have been to our Performance Management, Discipline and Termination Seminars would be familiar with Performance Improvement Plans (PIPs) and how important they are in the performance management process and possible termination of staff. Those seminars also highlighted the need to undertake a fair and reasonable process in the termination of employment

In a recent decision in the Fair Work Commission (FWC) Hogendorn v Nokia Solutions and Network t/a Nokia [2020] FWC 4476, 25 August 2020, the FWC has upheld an employer’s PIP finding that the employer’s performance improvement and dismissal processes were “properly instituted and undertaken”.

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