Unfair dismissal; reinstatement and compensation

The tactical perils of declining reinstatement Where an employee wins an unfair dismissal case, but has unreasonably refused to accept…

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Beware the fine print; aquiescence in employment

During the life of an employment relationship, it is common for material terms of the employment relationship to be varied….

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Unfair dismissal; the remedies

Reinstatement The primary remedy for unfair dismissal is reinstatement (Fair Work Act, sub-sec 390(3)). If reinstatement is ordered, the Commission…

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Management rights; a line in the sand

The Fair Work Commission rightly gives considerable latitude to employers to manage their businesses without unwarranted intervention; this is referred…

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What should an unfair dismissal case cost?

On very rare occasions, the Fair Work Commission will order an applicant who loses an unfair dismissal case, to pay…

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Temporary absences from work under the Fair Work Act

Most of the general protections of the Fair Work Act prohibit the taking of adverse action against a person who…

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How employers can guarantee a restraint of trade

It is now reasonably well settled in Australia that a post employment restraint of trade will not be upheld for…

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Unfair dismissal cases; outcome is often unpredictable

It is not necessarily enough to protect an employer from a finding of unfair dismissal that the employer holds a…

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Employers beware; “tokenistic” consultation in redundancies

For a redundancy to be valid, in the sense that it is a defence by an employer to an unfair…

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Fair Work Act breaches; some are very sad

  The Federal Circuit Court has imposed very significant penalties upon a small company and its effective owner for underpayment…

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