Correcting errors in the Fair Work Commission Part 2

The Fair Work Commission is empowered to cure irregularities in paperwork filed with it, for example in applications, provided that…

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Correcting errors in the Fair Work Commission

The Fair Work Commission is empowered under sec 586 of the Fair Work Act to amend any application or other…

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Open justice in the Fair Work Commission

“We note the matter before us involves how an employer investigates allegations that an employee allegedly made offensive commentary on…

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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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Unfair dismissals and determinative conferences

I am a big fan of Vice President Hatcher of the Fair Work Commission. I have not appeared before him,…

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Employers have simpler investigation obligations than lawyers and courts

The Full Bench of the Fair Work Commission in BlueScope Steel Limited v Peco Sirijovski and Peco Sirijovski v BlueScope…

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Time is of the essence; calculating time limits in fair work

In Roberts v JBS Australia Pty Ltd [2015] FWC 18823, Gooley DP considered whether the minimum employment period of six…

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Who to believe; resolving credibility issues

Most unfair dismissal and general protections’ cases which proceed to trial will involve a contest as to the facts, or…

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Extension of time to file for unfair dismissal

An extension of time to file an application for an unfair dismissal remedy is appropriate where an employee is made…

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Settlement negotiations are inherently confidential and will be protected

“The community has a public interest in the efficient settlement of litigation. The confidentiality of settlements is an aid to…

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