What is the real purpose of redundancy pay?

The Fair Work Act contains provisions (see sec 120) which allow an employer to make an application to the Fair…

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Small Business Fair Dismissal Code and serious misconduct

There is controversy amongst fair work practitioners about two aspects of the Small Business Fair Dismissal Code in the context…

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Comparative justice in the Fair Work Commission

One thing that not all employers are not very good at is ensuring that decisions about the disciplining of employees…

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Abandonment of employment

Although not common, every now and again I am asked to advise an employer about whether the employer can regard…

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Fair Work Act general protections; discrimination

The general protections; discrimination The general protections of the Fair Work Act prohibit the taking of certain action by one…

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What is management prerogative?

The following is an extract from a decision of a senior member of the Fair Work Commission which sets out…

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What is an unfair dismissal?

An unfair dismissal in Australia is the termination of the employment of an employee by an employer in circumstances where…

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When will a demotion be a dismissal?

Paradoxically, the Fair Work Act curiously deals with the issue of when an unwanted  demotion of an employee will be…

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Costs in general protections matters

There is some judicial controversy about the capacity of the Federal Circuit Court or the Federal Court of Australia to…

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Redundancy pay and small businesses

The Fair Work Act exempts small businesses from the obligation to pay statutory redundancy; (sub-sec 121(1)(b). Nevertheless, some modern awards…

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