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59 results found

Article

Clayton Utz | Australia | 24 Nov 2016

A summary dismissal delayed is a summary dismissal denied by the Fair Work Commission

Summary dismissal of employment is a serious step, as the employment comes to an end forthwith with no payment of notice. An employer's right to do

Article

Clayton Utz | Australia | 2 Nov 2016

CU LAB: Bullying on employers' social media - who's responsible?

Michael Byrnes explains why your social media activities can be a WHS issue for your employees...

Video

Clayton Utz | Australia | 2 Nov 2016

CU LAB: Bullying on employers' social media - who's responsible?

Michael Byrnes explains why your social media activities can be a WHS issue for your employees. Please click here to view the video.

Article

Clayton Utz | Australia, Canada | 29 Sep 2016

Customer feedback accounts on social media: Are employers actively facilitating abuse of their own employees?

While an employer can't regulate what is posted about the business or its workers on social media generally, it can be responsible where those posts

Article

Clayton Utz | Australia | 15 Sep 2016

Bullying investigations: when to engage an independent third party

Workplace investigations can be complex, difficult to navigate and fraught with legal and cultural risk. This can be particularly so in the case of

Article

Clayton Utz | Australia | 4 Aug 2016

Compassionate leave and adverse action: bereavement alone is not enough

A recent decision of the Federal Circuit Court has dismissed a sales manager's adverse action claim after it found she had not exercised a workplace

Article

Clayton Utz | Australia | 12 Jul 2016

Genuine threats of violence and an employer's duty of care

An employee who threatened his manager with "another Columbine" was held to have been fairly dismissed. Threats in the workplace can arise from a

Article

Clayton Utz | Australia | 12 May 2016

Insurance cover can leave you exposed: earnings and the high income threshold for unfair dismissal

In determining whether an employee is protected by the unfair dismissal regime in the Fair Work Act, you must carefully consider all of the

Article

Clayton Utz | Australia | 18 Feb 2016

Social media misconduct and the right to reinstatement

Misconduct on social media might not justify dismissal, but it can prevent an employee's reinstatement. Since the rise of popular social media sites

Article

Clayton Utz | Australia | 4 Feb 2016

Good humour, bad taste: Can an inappropriate "joke" lead to an employee's dismissal?

An inappropriate joke severed the foundation of trust and confidence in the employment relationship. A recent decision of the Fair Work Commission