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…

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Termination of employment limited in time or by task

Where an employer terminates the employment of a person in circumstances where either the contract expressly permits termination when funding…

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When is an employee considered dismissed?

In J Searle and Moly Mines Limited [2008] AIRCFB 1088., a full bench considered the meaning of termination at the…

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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…

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Employers beware; if you forgive you must forget Part 2

The Court was referred by the applicant to Carter v The Dennis Family Corporation [2010] VSC 406 at 121 –…

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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…

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What is the moment when an employee is dismissed?

What is the moment at which an employee is dismissed? When will time begin Section 394(1) of the Act provides…

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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….

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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…

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Can a resignation be cancelled, rescinded or revoked?

Can a resignation be rescinded or revoked?? “In Ngo, the Full Bench held that where a resignation had taken place,…

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