The Fair Work Commission will inevitably find a dismissal to be ‘unfair’ if, despite having legitimate performance concerns, an employer does not give the employee a ‘fair go’ to both respond to those concerns and improve their performance. In Cheek v ELB Pty Ltd,[1] the Commission took a close look at just what a ‘fair … Continue reading
Legal background French employment law entitles employers to provide for a trial period in the employment contract during which the employer assesses the ability of the employee to perform his/her duties. In this context and during such period, if the employer determines that the employee is unable to perform his/her job, the employer is entitled … Continue reading
Posted in Asia Pacific, Australia
