High income threshold and allowances

There has been some judicial controversy about what is to be included in the “annual rate of earnings” for the…

Read More →

Unfair dismissal and part time employment

Does part time service count towards the minimum employment period for protection from unfair dismissal? The answer is yes, but…

Read More →

Unfair dismissal and conduct

Yesterday, I posted a blog which was essentially an extract from the Fair Work Commission’s unfair dismissal benchbook about an…

Read More →

Unfair dismissal and capacity

The question whether the dismissal of an employee is unfair for the purposes of the unfair dismissal regime under the…

Read More →

Costs orders in the Fair Work Commission

The general rule is that parties to proceedings in the Fair Work Commission  must bear their own costs and it…

Read More →

Dismissal rules for small businesses

Under the Small Business Fair Dismissal Code, there are different rules for summary dismissals, which traditionally have been regarded as…

Read More →

Compensation for unlawful dismissal

The title of this post is technically abstract because there is no cause of action known to Australian law called…

Read More →

Employees competing with employer’s interests or business

Whilst it may be a case of regrettable dogmatism to assert that an employee who is dismissed for undertaking activities…

Read More →

General protections; wide meaning of workplace right

In the headnote to a recent Federal Circuit Court case, the case was described by the editor as being a…

Read More →

Appeal obstacles in the Fair Work Commission

The Fair Work Act contains a number of significant provisions which make it difficult to appeal  a Fair Work Commission…

Read More →