Termination and Medically Unfit for Work
Terminating the employment of an injured employee is notoriously fraught with legal risk. Amongst other things, the employer must establish that the employee cannot perform the inherent requirements of his or her position. This is often not straightforward, and will frequently involve different medial assessments. As we know, not all doctors see eye to eye. […]
Unfair Dismissal and Maximum Term Contracts
In the case of Khayam v Navitas English Pty Ltd, the Full Bench of the Fair Work Commission (FWC)revisited the issue of unfair dismissal in ‘Outer Limit’ employment contracts, also know as maximum term contracts. The Fair Work Act 2009 (Cth) FWA provides that a person is only dismissed, and thus capable of bringing an […]
