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Can a resignation be cancelled, rescinded or revoked?

Can a resignation be rescinded or revoked??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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When will a resignation be a dismissal?

A Full Bench of this Commission in ABB Engineering Construction Pty Limited v Doumit Print N6999, 9 December 1996. (ABB)…

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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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Dismissal by demotion; employers on notice

The Fair Work Commission has determined that a unilateral requirement by an employer that an employee accept a 20% reduction…

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Full Bench clarifies frustration

The nature of a dismissal from employment and the importance to that concept under the Fair Work Act of it…

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Dismissal by e-mail or text

The question whether an employee can be lawfully dismissed by electronic communication (e-mail or telephone text) is the subject of…

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Dismissal or resignation?

Belbin v IBIS Style Cairns Colonial Club and Resort 2014 FWC 1754 is a very useful case which contains a…

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A dismissal or a resignation?

In Kilcran, in the matter of Allco Finance Group Limited (Receivers and Managers Appointed) (In Liquidation) v Gothard [2014] FCAFC…

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