Insolvency of employers and the fair work system

It is not unknown for an employer to become insolvent and to seek to argue in fair work cases that…

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The risks of cross-examination by video link, Skype, Whats App

“Part of the reason for the importance of personal attendance involves cases where there might be a requirement to cross-examine…

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Fair Work; what is a workplace instrument?

There are many circumstances in workplace and fair work law where it is necessary to decide whether a “workplace instrument”…

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Convicted after the event; post dismissal probative evidence

Evidence which might be relevant to the merits of an unfair dismissal case which is not discovered by the employer…

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No double dipping over dismissals

The statutory rule in the Fair Work Act which prohibits multiple actions being taken “in relation to a dismissal” (see…

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Indemnity costs in the Fair Work Commission

In proceedings in the Fair Work Commission it is customary for each party to bear their, or his, or her…

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Unlawful dismissal and multiple actions

The Fair Work Act is Commonwealth legislation which relies for its constitutional validity on inter alia the external affairs and…

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Onus of proof in unfair dismissal cases

“The employer bears an onus of establishing that there was a valid reason for a dismissal. Allied Express Transport Pty…

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Open justice; Fair Work Commission transparency

When will the Fair Work Commission close its hearing to the public or suppress its decision wholly or partly? The…

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Sanity sometimes prevails; representation in the Fair Work Commission

The Fair Work Commission has granted an employer leave to be legally represented in an unfair dismissal case so that…

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