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Reinstatement principles

WebReinstatement principles. ‘The passages from which the sentences relied on by the Appellant are extracted clearly indicate that the Deputy President understood and …

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URL: https://fairworklegaladvice.com.au/reinstatement-principles/

Access to medical records of employee by employer Part 1

WebI am often asked whether an employer can lawfully demand access to an employee’s private medical records. The demand is usually made in the context of a dispute between the …

Category:  Medical Go Health

General protections; adverse action and disability

WebThe general protections of the Fair Work Act provide that it is unlawful for an employer to take adverse action against an employee or prospective employee because of a number …

Category:  Health Go Health

Can an employer require an employee to prove physical fitness for …

WebIt is, in my opinion, essential for compliance with the above duties, that an employer be able, where necessary, to require an employee to furnish particulars and/or medical evidence …

Category:  Medical Go Health

The essential elements of a Fair Work adverse action case

WebHere is an extract of a recent Federal Court case which explains the essential elements of an adverse action case arising from the workplace. “It is trite that three matters must be …

Category:  Health Go Health

Adverse action; the legal principles explained

WebIn this extract from a Federal Circuit Court decision, the approach taken to an unlawful adverse action case is explained by the trial judge. "Consideration Ms Mercer alleges …

Category:  Health Go Health

Serious misconduct and the Fair Work Act

WebSec 12 of the the Fair Work Act 2009 provides that “serious misconduct’ has the meaning prescribed by the regulations. Regulation1.07 sets out the definition as follows: “1.07 …

Category:  Health Go Health

Independent medical examinations and fair work cases

WebSection 387 (a) – Valid reason. [60] The Act directs consideration of whether there was a valid reason for the dismissal related to the person’s capacity or conduct. A valid reason …

Category:  Health Go Health

Reverse onus of proof and general protections cases

WebThis is an extract from a recent appeal in the Federal Court which contains some important observations about the practical effect of the reverse onus of proof provided for by the …

Category:  Health Go Health

Show cause letters in the fair work system

WebThis section of a recent unfair dismissal decision by the Fair Wok Commission is a good summary of the Fair Work Commission’s views about the care employers should take in …

Category:  Health Go Health

Unfair dismissal and serious misconduct

Web1.07 Meaning of serious misconduct. (1) For the definition of serious misconduct in section 12 of the Act, serious misconduct has its ordinary meaning. (2) For subregulation (1), …

Category:  Health Go Health

Can employers suspend employees

WebIn Avenia v Railway & Transport Health Fund Ltd [2017] FCA 859 per Lee J, the Federal Court held that an employer was lawfully entitled to suspend an employee …

Category:  Health Go Health

Employee dismissed due to mental illness

WebIn 2013 the Fair Work Commission decided a very interesting case involving the termination of employment of an employee with a mental illness; and in doing so evidenced the …

Category:  Health Go Health

Unfair dismissal and safety breaches

WebTurvey v Roverworth Pty Ltd (2021) FWC 4593 delivered 30 August 2021 per- Asbury DP. This extract from a Fair Work Commission unfair dismissal decision is a fine summary of …

Category:  Health Go Health

Implied authorization of overtime

WebThe Federal Court has held that an employer’s authorization of overtime being worked by employees may be implied from its Australian Salaried Medical Officers' Federation v …

Category:  Medical Go Health

Termination of employment for Covid guideline breach

WebThe following is a portion of a decision by the Fair Work Commission which deals with an unfair dismissal claim brought against a small business employer by former employee …

Category:  Health Go Health

Implied terms and conditions in employment contracts

WebUnder the Work Health and Safety Act 2011, penalties of up to $300,000 and five years imprisonment can apply to employees, and up to $600,000 and five years imprisonment …

Category:  Health Go Health

Workplace rights to comfort breaks at work

WebIn a recent decision of the Federal Court of Australia it has been judicially held that Australian employees have a workplace right to toilet breaks and to “drink water” as …

Category:  Health Go Health

Drug and alcohol testing in the workplace

WebEMPLOYMENT AND FAIR WORK ADVICE. The following passage from a decision of a senior member of the Fair Work Commission explains the law in Australia about the …

Category:  Health Go Health

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