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In Australia, unfair dismissal claims are the most common form of legal challenge made to terminations of employment. Put simply, to successfully defend an unfair dismissal claim, an employer must show it had a valid reason for the dismissal and it afforded the employee procedural fairness in the termination process. It is often not difficult for employers to show that they had a valid reason to dismiss a particular employee, for example because the employee was not performing their role to the required standard or the employee had engaged in some form of misconduct. However, many employers come unstuck when attempting to show that they afforded the employee procedural fairness in the termination process. A recent case in the Fair Work Commission serves as an important reminder to employers that to satisfy the procedural fairness requirement, employers need to show that they have treated the dismissed employee consistently with other employees.
In this deal, speed was of the essence. Our client was the administrator of a construction company. His asset (the construction business) deteriorated for every hour that it remained in his hands. We assisted him to negotiate, document and complete a sale in under a week.
Cornwall Stodart is a proud supporter of the retail industry and its retail clients. In celebration of Summer and all things retail, we are giving away five $400 vouchers from some of our fantastic retail clients. To participate, visit our Facebook page at https://www.facebook.com/CornwallStodart?ref=hl.