Like minds may differ; unfair dismissal cases by a whisker

The outcome of many  unfair dismissal cases is hard to predict. An employer who was found in an unfair dismissal…

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Issues of proof in general protections’ cases

There are a number of tricky evidence issues which arise in general protections cases. One is the reverse onus of…

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Unfair dismissals for performance management

When the Fair Work Commission determines whether an employee has been unfairly dismissed, perhaps the most important question the Commission…

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Interpreting fair work and industrial instruments

Interpreting modern awards and enterprise agreements Many employment law cases hinge on the meaning to be ascribed to a clause…

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Modern award covers or applies to?

Modern awards; do they cover or apply?   Award apples; sec 47 Sec 47 of the Fair Work Act 2009…

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Fair Work Commission appeals

It is reasonably rare for the Fair Work Commission’s appeal tribunal, called a Full Bench, to overturn a decision of…

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Dismissals by small business

It is a complete jurisdictional defence to an unfair dismissal claim against a small business employer that the employer has…

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Dismissals during maternity or parent leave Part 2

It has generally been thought that an employer cannot dismiss an employee while he or she is taking a period…

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Dismissals while pregnant or taking parental leave? Part 1

Can an employee be dismissed while pregnant or taking parental leave? Part 1 The Federal Circuit Court has held that…

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Long service leave in Western Australia

Unlike most statutory work entitlements which for the majority of Australian employees are governed by the national fair work system,…

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