Dismissal based on employee’s inability to perform inherent requirements of the role

Case: Ms Carley Jack v Sigma Healthcare T/A Sigma Healthcare (U2019/1119). Area of Law: Employment – Unfair dismissal Act: Fair Work Act 2009 – s 394. Application for unfair dismissal remedy Background: Ms Carley Jack had been employed at Sigma Healthcare for 6 years before being terminated on 8 of February 2019. Ms Jack was … Read more

Dismissal from employment due to social media post

Case: Ms Creina Murkitt v Staysafe Security T/A Alarmnet Monitoring (U2019/2978) Area of Law: Employment – Unfair dismissal Act: Fair Work Act 2009 – s 394. Application for unfair dismissal remedy Background of employment Ms Murkitt was employed on a full-time basis by a predecessor of Alarmnet beginning in February 2005. Her most recent contract … Read more

Restraint of Trade Clauses: Drafting, Enforcing and Litigating

Restraint of Trade: Valid or Void? Which of the following interests take precedence in the context of an employer seeking to restrain a former employee? The interests of an employee in being able to earn a living by using his or her legitimately obtained skills, experience and knowledge; The interests of the public in being … Read more

Fake Medical Certificate – A Sure Way to Byrne Your Fingers

Quite frequently, an employer has valid reasons to believe an employee is requesting sick or personal leave without a legitimate reason for it. The recent Full Federal Court of Australia decision involved a dismissal of an employee following a period of sick leave. The Facts Mr Byrne applied for annual leave on 24 and 25 April … Read more