Employer rights to stand down employees

At common law, unless the contract of employment between an employer and employee provides otherwise, an employer has no right…

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Civil penalties for directors under the Fair Work Act

The Fair Work Act provides that: A person who is involved in a contravention of certain provisions (called ‘civil remedy…

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Must get it right first time; identity of employer

You cannot sue an employer, even for unfair dismissal, unless you get the identity of the employer correct and ensure…

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Has the horse bolted before the stable door is shut?

Sec 387 of the Fair Work Act provides that in determining whether an employee has been dismissed in a relevantly…

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Interns or work experience volunteers can easily become employees entitled to payment

In Fair Work Ombudsman v Crocmedia Pty Ltd (2015) FCCA 140 delivered on 29 January 2015, the Federal Circuit Court…

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Reach of the Fair Work Act

Technicalities are alive and well. The Federal Court has thrown out an attempt by the Fair Work Ombudsman to have…

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Fair Work Act/ workplace right again extended

The broad based approach to the interpetation of what consitutes a workplace right in the context of adverse action, which…

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Compensation for unfair dismissal Fair Work Act

The Fair Work Act 2009 mandates that the primary remedy for unfair dismissal must be re-instatement of employment. Indeed the…

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Fair Work Act; protected industrial action

Protected industrial action in enterprise bargaining The Fair Work Act is federal legislation brought in by the Rudd government in…

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Fair Work; Adverse action against employees

There is an extraordinary provision in the Fair Work Act. It is section 361. The practical effect of the law…

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