Must an employer hold a domestic inquiry before dismissing an employee?
An absent or defective domestic inquiry does not automatically decide an unfair dismissal claim. Employers still have to prove the reasons that actually led to dismissal.
Legal Insights
Can a company dismiss an employee who took the company's property?
Removing company equipment does not answer every question about dismissal. A Court of Appeal decision examines the charge, the explanation and the evidence.
Can an Employer Retrench a Strong Performer During a Genuine Restructuring?
A recent Nokia award distinguishes strong performance from genuine redundancy. The employer still had to prove why the role was no longer required.
Can an Employer Dismiss a Probationer Without a Written Warning or Performance Improvement Plan?
The Industrial Court upheld a probationer’s dismissal despite no written warning or formal PIP. The training, assessment and evidence explain why.
Removed as a Company Director—Does That Also Mean You Have Lost Your Job?
Does removing a director also end their employment? The Federal Court explains why board membership, shareholding and employment rights remain distinct.
Can Your Employer Retrench You Because Its Parent Company Is Losing Money?
Can group losses justify retrenchment? A Court of Appeal decision examines the employer’s financial evidence, selection criteria and alternatives.