Dismissal law – the key developments

• Failure to hear a grievance appeal before dismissing an employee on a matter to which the grievance relates does not necessarily make a dismissal unfair (case 1).

• When considering whether an employer is in fundamental breach of contract, the band of reasonable responses test does not apply; in addition, an employer cannot “cure” a fundamental breach of contract once it has occurred (case 2).

• Whistleblowing protection can cover situations where workers are subjected to a detriment by their current employer because they made a protected disclosure to their previous employer (case 3).