An earlier article by Dundas Lawyers discussed the difficulties confronted in obtaining a costs order against an unsuccessful party in an unfair dismissal claim. To recap, subsection 611(1) of the Fair Work Act 2009 (Cth) (FWA) holds that a party to an unfair dismissal application, be it the complainant employee or the respondent employer, must bear its own costs in relation to a matter before the Fair Work Commission (FWC). [Read more…]
fair work commission
Costs in unfair dismissal applications – part 1
10 May 2021 by
Being in business is hard work at the best of times; having to juggle the needs of customers, the demands of financiers and earning a dollar at the end of the day. One of the most demanding aspects for many business owners is managing the performance of employees. Given the industrial relations landscape in Australia, employers need to take care if wanting to terminate an employee because of misconduct or ongoing poor performance, lest they risk an unfair dismissal claim. [Read more…]
Standing down employees – when can it be done?
27 March 2020 by
Standing down employees without pay would seem a logical response to the current COVID-19 crisis. Employers must first recognise that during the COVID-19 public health pandemic normal workplace laws continue to apply. [Read more…]
Enterprise agreements – considerations for employers
30 July 2014 by
Anyone who has been through the enterprise bargaining process will appreciate just how onerous the procedural steps and mandatory requirements set out in Part 2-4 of the Fair Work Act 2009 (the Act) can be.
Why employers must follow process
7 July 2014 by
Employers appearing at the Fair Work Commission may be shocked when the unfair dismissal claim against them is upheld despite the dismissal being for a valid reason.
Fair Work Amendment Act – how the changes affect your business
18 February 2013 by
The Fair Work Amendment Act 2012 (FWAA) was assented to on 4 December 2012, and came into partial effect on 1 January 2013. The legislative changes were made in response to industry demands, and relate to unfair dismissals, general protections and enterprise agreements.
