copy and paste this google map to your website or blog!
Press copy button and paste into your blog or website.
(Please switch to 'HTML' mode when posting into your blog. Examples: WordPress Example, Blogger Example)
Barclay v Nylex Corporation Pty Ltd - Fair Work Commission Ryder v Curtin University of Technology (WA) (2002) 117 IR 401 South Australia v Singh-Gill [1994] AILR 233 Sprigg v Paul’s Licensed Festival Supermarket (1998) 88 IR 21 Wark v Melbourne City Toyota (1999) 89 IR 132 Wilson v Chubb Protective Services [2002] SAIRComm 35 Woodman v Hoyts Corporation Pty Ltd (2001) 107 IR 172 Cur adv vult
How procedural fairness can affect an unfair dismissal case If procedural fairness regulations are not followed, a dismissal of an employee may turn into an unfair dismissal In the matter of Barclay v Nylex Corporation Pty Ltd (2003) 126 IR 294 it was held that a termination decision was harsh as the employer did not notify the employee of the particulars of why he had been dismissed and he was given a limited opportunity to respond
Barclay’s Case - Fair Work Legal Advice Procedural fairness (50) Proportionality (5) Protected attributes (3) Protected industrial action (5) Protection from unfair dismissal (3) Public holidays (3) Public service (2) Qualifying periods of employment (1) Racism in the workplace (2) Reasonable adjustment (3) Recording conversations in the workplace (22) Recovering entitlements (7)
Employer fails in procedural fairness | Barry Nilsson A recent decision reminds of the importance of procedural fairness in termination of employment and the need to substantiate misconduct has occurred WesTrac Pty Ltd (WesTrac) terminated Mr Benjamin Hatch's (Mr Hatch) employment on the grounds of misconduct that Mr Hatch had the intention to steal from the company, despite Mr Hatch denying the allegation
Thats Not Fair! A Review of Recent High Profile Unfair Dismissal Cases . . . Key Takeaways Unfair dismissals can be upheld where terminations are substantively unfair, that is where there is no valid reason to terminate employment ; Procedural fairness is also an important consideration in determining whether are dismissal is unfair ; The FWC also takes into consideration whether the termination is otherwise unduly harsh in relation to the effect on the dismissed
Opportunity to respond - Fair Work Commission The employee claimed that new allegations were made against her after she had been dismissed and as such she was denied procedural fairness Barclay v Nylex Corporation Pty Ltd The Commission took into account the applicant’s disciplinary history and found that the dismissal was not unfair The application was dismissed
Procedural Fairness in Workplace Investigations - EMA . . . - EMA Consulting [2019] FWC 3944 [123], citing Coutts v Close [2014] FCA 19 [114] ↩︎; For example, in Tucker v State of Victoria [2021] VSCA 120, an employee was not afforded procedural fairness under an enterprise agreement when given a heavily redacted copy of an investigation report into a claim of harassment Redactions included certain witness
Unfair dismissal and procedural fairness - Fair Work Legal Advice This portion of a recent unfair dismissal decision of the Fair Work Commission deals with the importance of procedural fairness when an employee’s employment is being terminated and is subsequently reviewed by the Commission “Procedural fairness [29] Subsections 387 (b)-(g) are procedural fairness matters to be considered by the Commission in any unfair
Unfair dismissals benchbook - Fair Work Commission From 26 August 2024, there will be changes to workplace laws relating to casual employment Those changes will affect the information in this Benchbook Please refer to our Closing Loopholes – what’s changing page for more information The Unfair dismissals benchbook is for people who need to prepare or respond to an unfair dismissal application
Unfair dismissal and procedural unfairness - Fair Work Legal Advice Although Ms Wei’s dismissal was procedurally unfair, procedural defects do not mean a dismissal will be unfair in every case I accept Echo Group’s submission that the affording of procedural fairness would have been extremely unlikely to alter the ultimate decision to dismiss Ms Wei Wei v Echo Group Corporation Pty Ltd [2025] FWC