A probationary period is a period of time when an employee is first employed, during which either party may terminate the employment relationship for any reason. The purpose of a probationary period is for both parties to decide whether the employee is suited to the position and/or the company.
The first instinct of most employers when responding to workplace violence is to simply dismiss the employee concerned. Recognising that workplace violence is unacceptable in modern Australia, the general attitude of the Fair Work Commission has similarly been to dismiss an unfair dismissal application if workplace violence is successfully established.
There are however exceptions. This article looks at some of the extenuating circumstances that the Fair Work Commission has considered relevant in finding that there was an unfair dismissal even where the employee had engaged in workplace violence.
In recent months, there have been a number of unfair dismissal cases highlighting the issue of swearing in the workplace.
It is well accepted that employees have an implied obligation to treat their employer with respect and courtesy. So when is it acceptable to dismiss an employee for swearing in the workplace – and when would doing so be an unfair dismissal ?
It is a commonly accepted principle of employment that employees are required to carry out reasonable and lawful instructions given by their employers in the course of carrying out their duties. However, what constitutes a “reasonable and lawful” instruction is not always as clear as demonstrated in the recent unfair dismissal case between Bradley Sheldrick and Hazeldene Chicken Farms.