Demotion and unfair dismissal

In these times of a generally difficult economic environment for most Australian employers, there is common pressure upon them to…

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The legal implications of a demotion

As was said in Charlton v Eastern Australian Airlines Pty Ltd (2006)154 IR 239 “Unless the contract of employment or…

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Many demotions are perfectly valid

A demotion which is permitted by an industrial instrument or contract does not constitute a dismissal. “There is a body…

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When will a demotion be an unfair dismissal?

When will a demotion amount to a dismissal? In Sherriff v Veolia Environmental Services (Australia) Pty Ltd (2015) FWC 6876…

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Masterclass; when will a demotion be a dismissal?

Under sub-sec 386(2)(c) of the Fair Work Act, it is provided inter alia that a person has not been dismissed…

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When will a demotion be a dismissal?

When will a demotion be a dismissal? The plain words of s.386(2)(c) must be construed such that a demotion in…

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Reduction of salary constructive dismissal?

Blair v Chubb Security Australia Pty Ltd (2003) AIRC 1006 is authority for the proposition that a reduction in remuneration…

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Demotion and unfair dismissal

Will a substantial demotion constitute a constructive dismissal? Charlton and Eastern Australian Airlines Pty Ltd.(2007) AIRC 101 is authority for…

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Offer of alternative position/demotion

It is often suggested to me by clients, both employers and employees, that an employer may only avoid an obligation…

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Demotion at work

Generally speaking, a unilateral reduction to an employee’s status, remuneration or a significant change of responsibilities cannot be effective without…

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