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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Effect of winding up, liquidation, insolvency and administration of employers in the Fair Work Commission

“471B Stay of proceedings and suspension of enforcement process While a company is being wound up in insolvency or by…

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Tactics in Fair Work Commission cases

The failure by a party to a case in the Fair Work Commission to call a witness whose evidence could…

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Fair Work Commission time limits; how to calculate

Calculating the 21 day time limitation for lodging an unfair dismissal or general protections application in the Fair Work Commission….

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