The Commission found the applicant had options for attending work or obtaining additional medical evidence to support an exemption. The Commission observed that the applicant did not exercise those options but instead wrote to the respondent to inform them of her resignation. As a result the Commission held that her resignation was voluntary, and the applicant was found not to have been dismissed.
Read MoreThe Commission concluded that the applicant was ‘utterly unrepentant’ about the conduct which caused his dismissal and that the applicant’s beliefs about the pandemic made him ‘impervious to directions and warnings from management’. The Commission found that the dismissal was not harsh, unjust or unfair. The application was dismissed.
Read MoreA probationary period is an important time used by employers to assess if employees are suitable for the role and business and determine whether the employment relationship should continue.
Read MoreEmployee policies often called an employee manual, is a document given to the employees which outlines your company’s policies, culture and expectation of behaviour and work. Employee policies commonly include a code of conduct, health and safety, hours of work, leave provisions, redundancy, training and development and termination policies.
Read MoreJust as employers owe fiduciary duties to their employees’, employees owe fiduciary duties to their employer. These include the duty of loyalty and the duty not to profit. The recent High Court case, Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd, also recognised that a third party who knowingly assists in a breach of fiduciary duty between an employee and employer, has too, committed an equitable wrong.
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