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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Reducing payments for protected industrial action

In the event that employees take protected industrial action in the form of a partial work ban in support of…

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Adverse action in the labour law context Part 2

On 22 July 2017 I posted a blog about the complex world of the general protections, particularly in the labour…

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Unfair dismissal; when is offering voluntary redundancy required?

It is a complete jurisdictional defence to an unfair dismissal claim under the Fair Work Act that the termination of…

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Tick tock; when does a dismissal take place?

For the dismissal of an employee to be capable of having legal effect, certain formalities need to be observed. This…

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Unlawful adverse action due to pregnancy found

A Federal Circuit judge has rejected a case brought alleging that a pregnant employee was the victim of unlawful adverse…

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Proof in adverse action cases

Assuming that an applicant in a general protections case can produce sufficient evidence to raise a prima case of a…

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What is the effect of a heat of the moment resignation?

“The question arises as to whether this is to be characterised as a “heat of the moment” resignation which, having…

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What is a bona fide redundancy?

The Fair Work Commission has developed a body of case law about what is meant by the term “genuine redundancy”,…

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