Dismissal by text will almost always be an unfair dismissal

“However, Mr Hain was notified of his dismissal and summarily dismissed by text message. I do not accept that a…

Read More →

The purpose of a warning before dismissal

In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, if the dismissal related to unsatisfactory…

Read More →

Resignation or dismissal; you be the judge

Resignation or dismissal; you be the judge An interesting question arose in Brunner v Amalgamated Marketing Pty Ltd T/A Radio…

Read More →

Caveat emptor; this is very dry; how and when does a dismissal take effect?

When and how does a dismissal take legal effect? At common law, a contract of employment may unilaterally be terminated…

Read More →

The ingredients of a dismissal

A person cannot be regarded as having been dismissed unless that fact has been communicated to him or her. “In…

Read More →

FWC finds dismissal unfair because employer did not suspend employee; oops

In an extraordinary decision of the Fair Work Commission, it has held that a dismissal was unfair and ordered compensation…

Read More →

Fundamental requirements for notice of reason for dismissal

In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, the Commission must take into account…

Read More →

What is required for a dismissal to be effective?

Ordinarily a dismissal does not take effect unless and until it is communicated to the employee who is being dismissed….

Read More →

Protesting may not be abandonment of employment

An employer is exposed to substantial risk of losing an unfair dismissal case if it treats an employee as having…

Read More →

Dismissal by text or e-mail is not on

The Fair Work Commission takes a dim view of dismissal by text and in this case it was the determining…

Read More →