Workplace Relations & Safety Articles

KHQ News & Insights

Redundancy & redeployment obligations – agency labour workers

Do redundancy and redeployment obligations extend to considering work performed by agency labour workers? Yes they can! The commonly accepted orthodoxy up until 2014 was that only vacant internal positions needed to be considered for the purposes of redeployment opportunities inside the company or an associated entity when establishing the ‘genuine redundancy’ defence to unfair … Read more

Unfair dismissal extension of time – are medical circumstances sufficiently ‘exceptional’?

Two recent FWC decisions where medical circumstances were advanced by employees in relation to extensions of time for their unfair dismissal applications raise interesting issues, especially given our recent seminar on managing ill, injured and absent employees. In Hickey v Australia Post, following medical retirement by Australia Post, Hickey argued his anxiety, which he said … Read more

Social media: be careful what you post

Posting about an employer while employed can impact on an employee being awarded their job back. Social Media Rant- a tempting trap? The impact that social media, and specifically what an employee posts on social media, is being more frequently considered in the employment context. For example, since the “boom” of social media platforms like … Read more

2016: trends & sleepers

Welcome back for 2016! What the early cases are already telling us in 2016 – the race for change is on.  What are your competitors potentially doing that you are not?  The Fair Work Act places multiple hurdles to change. Whether it be business necessity or not, those hurdles are now really being tested – with … Read more

Hospitalisation due to mental health can be an exceptional circumstances for the purposes of unfair dismissal

Further to our developing series on workplace mental health, this employee claimed incapacity due to hospitalisation for mental health but was still able to brief a lawyer, make a bullying complaint and lodge an application from his hospital bed. Nevertheless, this is perfectly understandable and Deputy President Kovacic found that this was an exceptional circumstance … Read more