Mismanagement, misconduct, and misconception – five myths of dismissing employees

By Alex Millman and Lindsay Carroll, NRA Legal The dismissal of an employee is possibly the single most commonly-litigated dispute...

By Alex Millman and Lindsay Carroll, NRA Legal The dismissal of an employee is possibly the single most commonly-litigated dispute between employers and employees. This is hardly surprising, given that dismissal is the most significant action an employer can take with respect to an employee (except, perhaps, hiring them in...

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Commission finds employer had no right to accept employee’s repeated resignations

By Alexander Millman and Lindsay Carroll, NRA Legal Following a protracted legal battle that involved an initial hearing, an appeal...

By Alexander Millman and Lindsay Carroll, NRA Legal Following a protracted legal battle that involved an initial hearing, an appeal and a re-hearing, the Fair Work Commission has held that an employer had no right to accept the repeated resignations of a distressed employee undergoing internal investigation. Bupa Aged Care Australia...

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Surveillance in the workplace (and when it goes wrong)

By Alexander Millman and Angela Szczepanski, NRA Legal  Ms Shahin Tavassoli v Bupa Aged Care Mosman A recent case reminds employers...

By Alexander Millman and Angela Szczepanski, NRA Legal  Ms Shahin Tavassoli v Bupa Aged Care Mosman A recent case reminds employers that care must be taken when relying on evidence obtained from workplace surveillance to dismiss an employee, and the need to afford employees procedural fairness even when it appears to...

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6 Month Restraint of Trade “Reasonable”

In a recent case brought before the NSW Supreme Court DP World’s (DPW) six-month restraint of trade period on...

In a recent case brought before the NSW Supreme Court DP World’s (DPW) six-month restraint of trade period on their Operations Manager was deemed to be reasonable when the former employee gave three-months’ notice before beginning employment with a competitor. On April 27, DPW’s Operations Manager accepted a position with...

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IR Update: Employee prevented from serving notice period wins unfair dismissal case

A woman, who worked as an advertising sales representative, has won her unfair dismissal case due to her employer’s...

A woman, who worked as an advertising sales representative, has won her unfair dismissal case due to her employer’s misunderstanding of the employee’s intentions to work out her notice period. In July 2015, the employee was under significant stress from being overworked by her employer. According to her evidence, the...

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