Employment Notes
Tag: unfair dismissal
Showing 72 out of 153 results
New Zealand: Fair and reasonable dismissals
The New Zealand Court of Appeal has ruled on the standard for employers in justifying dismissal decisions, finding it requires an overall assessment of …
UK: Redundancy - suspending employee during consultation could be unfair
Employers should consider carefully whether it is necessary to suspend an employee at risk of redundancy and prohibit contact with colleagues or clients …
UK: Unfair dismissal - broad investigation may be required where credibility of serious allegations at issue
Where an employer is contemplating dismissal for gross misconduct on the basis of disputed and uncorroborated evidence, fairness may require it to carry …
UK: Unfair dismissal - reliance on inappropriate final warning could render dismissal for gross misconduct unfair
In Bandara v British Broadcasting Corporation, an employer dismissed an employee in reliance on both recent gross misconduct and a prior final written …
Hong Kong: Is it time to refresh your disciplinary procedure?
When was the last time you looked at your organisation's disciplinary procedures? Is it time for a refresh? Earlier this year, a decision of the Court of …
UK: Subject access requests - employer's refusal to comply contributed to unfair dismissal
Refusing to comply with a subject access request may contribute to the unfairness of a subsequent dismissal, where the tribunal considers that the …
Australia: What happens when a former employee didn't realise they had been terminated?
One aspect of the Fair Work Act’s unfair dismissal regime which has been particularly contentious is the strict time limit for filing applications. …
Malaysia: Punitive damages in unfair dismissal cases
What happens when an employer dismisses an employee on the grounds of redundancy, but is later unable to prove that there was a genuine redundancy in …
Australia: One size plaster cast does not fit all - Navigating the pitfalls of dismissing an injured or incapacitated worker
In brief Many employers will, at some point, be faced with the difficult task of terminating the employment of an employee who has been absent from …
UK: Acas Code only applies to dismissals with element of employee culpability
Employers who unreasonably fail to follow the Acas Code of Practice on Disciplinary and Grievance Procedures, where it applies to a …
UK: Reasonable expectation of privacy may not always apply to private communications
Employers may be able to rely on an employee's private phone communications to justify discipline or dismissal in some cases, as employees will not …
UK: Unfair dismissal - "taking a sickie" is gross misconduct
An employer can fairly dismiss for gross misconduct where it has a genuine and reasonable belief (after reasonable investigation) that an employee has …
Showing 72 out of 153 results
View more