Heat of the moment resignations Part 2

Last week I posted a blog about the legal implications, particularly for unfair dismissal cases, of heat of the moment…

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Discounts to compensation for unfair dismissal (misconduct)

The Fair Work Commission routinely discounts awards of compensation for unfair dismissal where the employee has contributed to the dismissal…

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Unfair dismissal; what is a dismissal?

What is a dismissal for an unfair dismissal case? “Accordingly, the general legal principles to be applied in this case…

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Unfair dismissal; beware the sickie

The Fair Work Commission in an unfair dismissal case has concluded that an employer had a valid reason to dismissal…

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Heat of the moment resignations

The unfair dismissal jurisdiction of the Fair Work Commission and the remaining  State industrial tribunals are dependent upon there having…

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What triggers the obligation to consult about major change?

One of the required elements of a genuine redundancy is that an employer must comply with the consultation provisions of…

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The difficulties of advising about unfair dismissals

In what at first glance appears to be an odd decision, a senior member of the Fair Work Commission has…

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Determinative conferences in the Fair Work Commission

In the sometimes mysterious workings of the Fair Work Commission, there appears to be an increasing trend to resolve cases…

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Summary dismissal by small business; the requirements

Compliance by a small business with the Small Business Fair Dismissal Code in the termination of the employment of an…

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Rocks and hard places; adverse action under the Fair Work Act

At the commencement of a decision of a Federal Circuit Court judge delivered on 1 September 2017, the learned judge…

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