When an employee is hired, they are generally required to provide any relevant documentation or information which may impact their ability to work for the employer. It is important that an employee understands what pre-employment representations are required to be disclosed prior to commencing employment as often failure to disclose can result in disciplinary action, including termination. Common examples of pre-employment representations that are included in most contracts of employment include representations with respect to skills and qualifications, as well as representations with respect to fitness for work and medical conditions that may impact the employee’s ability to perform the inherit requirements of their position.
In circumstances where an employee brings a general protections claim alleging they have been subject to adverse action (including termination) due to their disability or on other discriminatory grounds, section 351 of the Fair Work Act 2009 (Cth) emphasises that the Court must be satisfied that the reason for the employee’s termination was due to their physical or mental disability or other discriminatory grounds. In that regard, it was confirmed in Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32 (Barclay), that:
“the question of why an employer took adverse action against an employee is a question of fact arising from the operation of interdependent provisions of the Fair Work Act.”
As such, where an...
COLLEGE STATION, Texas (KBTX) - An attorney representing a man arrested following a weekend altercation at a Northgate bar is disputing the allegations outlined in a police report, stating his cli...