Amelia Hatton

Termination by TXT – Navigating Employee Terminations in the Electronic Age

What does the Fair Work Commission have to say about this? Terminating an employee is never easy and can be an uncomfortable experience for both employer and employee. With the rise in the use of technology and working from home arrangements largely required in response to the COVID-19 lockdowns, many employers have taken to using …

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Performance Improvement Plans (PIPs)

What are they and why they are important to get right What is a Performance Improvement Plan? A Performance Improvement Plan (PIP) is a document given to an employee outlining deficiencies in their performance and setting out specific goals to address failures and improve any conduct related issues. Getting Them Right & Why it is …

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Unfair Dismissal- What is it? How long do I have to bring a claim?

What is an Unfair Dismissal? An unfair dismissal is a dismissal or termination of a person’s employment in circumstances that are harsh, unjust or unreasonable. There are many factors the Fair Work Commission will have regard to in considering whether a termination was harsh, unjust or unreasonable. These include: Whether there was a valid reason …

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I want to Quit… How Much Notice do I Need to Give?

What is Notice and How much do I need to give? A notice period is the length of time you must give your employer to bring your employment agreement to an end. Your required notice period will ordinarily be set out in your employment agreement or applicable modern award, industrial instrument, or registered agreement. For …

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Modern Awards – What Are They? Do They Apply to Me?

What is a Modern Award? The first Modern Awards were created following an extensive review of industries and working conditions conducted by the Australian Industrial Relations Commission and came into existence on 1 January 2010 (subject to some phase-in provisions). There are currently 121 Modern Awards now overseen by the Fair Work Commission who are …

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Christmas Parties and Employee Misconduct- How to Navigate the “Silly Season”

Christmas parties are a great time to celebrate the end of the year and all the achievements of workers. It is a time laden with festivities both in and outside of work, with spirits often high and people excited for upcoming time off and festivities. However, these morale boosting events are fraught with employment law …

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Restraints of Trade & Non-Solicitation

What’s the difference? Restraint of trade and non-solicitation provisions are also known as “Restrictive Covenants” and operate to limit or impose conditions and restrictions upon employees both during and post-employment. Restraint of Trade A Restraint of Trade provision generally operates to restrict an employee from conducting a competing business with their employer over the course …

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