Dispute resolution in the fair work system

Sec 186(6) of the Fair Work Act requires that enterprise agreements must contain a dispute settlement procedure which provides a…

Read More →

Fair Work Commission is not a court

No-one will be terribly surprised at a ruling by a Full Bench of the Fair Work Commission to the effect…

Read More →

What is a contract of employment for a specified time?

Under the Fair Work Act, the issue of whether the coming to an end of an employee’s employment occurs by…

Read More →

Annual leave entitlements in Australia

As most employers and employees in Australia understand, accrued annual leave under the National Employment Standards of the Fair Work…

Read More →

The effect of a dismissal during notice of resignation

It is not uncommon for an employee to give notice of resignation under an employment contract, or even pursuant to…

Read More →

When a resignation will be a dismissal; the principles

“It was argued that the resignation was a termination at the initiative of the employer within the meaning of section…

Read More →

Dismissals by small business employers

The Fair Work Act provides that if the termination of the employment of an employee by a small business employer…

Read More →

A single act of dishonesty; grounds for dismissal?

A single foolish act of dishonesty may not justify termination of employment at common law. In McDonald v Parnell Laboratories (Aust)…

Read More →

Unfair dismissal and casual employees

The actions of an employer in facilitating the removal of a regularly and systematically rostered casual employee from the casual…

Read More →

Unfair dismissal defined; well sort of

“In considering whether there was a valid reason for a dismissal under s.387(a), the reason(s) being considered are the employer’s reason(s). In…

Read More →