Termination of employment
A recent decision of the Victorian Supreme Court of Appeal has considered the ‘prohibition against discrimination’ offence provisions in the Occupational Health and Safety Act 2004 (Vic) (OHSA). Judicial consideration of these provisions is rare. In the harmonised jurisdictions … Continue reading
UK: April 2017 changes – apprenticeship levy, tribunal compensation limits, national minimum wage, statutory benefits and immigration skills charge
From 6 April 2017 UK employers with an annual pay bill of or over £3 million will be required to pay an apprenticeship levy at a rate equivalent to 0.5% of their payroll costs, subject to an offset allowance of … Continue reading
UK: Termination – for contractual claims, notice of termination takes effect on actual personal receipt (in absence of express provision)
Employers wanting certainty as to the date of termination for contractual purposes should ensure that the employment contract specifies when notice is deemed to be given or, if it does not, that they hand over notice in person to the … Continue reading
Employers should ensure that agreements providing employees with loans to pay for season tickets, equipment, training courses etc clearly state when the loan will be repayable. Where the loan is to be waived if the employee remains employed for a … Continue reading
Employers should ensure they investigate any evidence that a long-term sick employee may soon be able to return to work before deciding to dismiss, even if that evidence is questionable and produced only at a late stage.
The Full Federal Court has handed down a decision on an employer’s right to direct attendance at a medical appointment, and whether an employer can validly dismiss an employee for failing to follow such a direction. The Full Court’s decision is … Continue reading
Employment contracts often provide that employees may be dismissed without notice or payment in lieu of notice for 'serious misconduct'. However, what constitutes 'serious misconduct' is not always clear. The recent decision of the Court of Appeal of Singapore in … Continue reading
UK: Discipline – gross negligence can be gross misconduct justifying dismissal without notice in some circumstances
Employers may be entitled to summarily dismiss an employee for a grossly negligent failure to act, for example where the employee is senior and fails to uphold a key policy of the employer.
Employers may wish to review their disciplinary and capability policies, in particular whether and when warnings are stated to expire and in what circumstances expired warnings can be taken into account. In Stratford v Auto Trail VR Ltd, the EAT … Continue reading
UK: Relocation on redundancy – mobility clause dismissal will be unfair if clause is too wide or operated unreasonably
The recent case of Kellogg Brown & Root v Fitton and Ewer serves as a reminder to employers relocating jobs on a redundancy: if they choose to operate a mobility clause (rather than make redundancies with the offer of alternative … Continue reading