Unfair dismissal and out of hours conduct

I often handle unfair dismissal cases for both employers and employees which arise from a dismissal based upon an act…

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Dismissal for temporarary absence from work

Under sub- secs 352 and 772(1)(a) it is unlawful for an employer to dismiss an employee because he or she…

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Can notice of termination run concurrently with leave?

In Short v CBI Constructors Pty Ltd (2017) FCCA 2442 delivered 2 November 2017,  Smith J said that the currently…

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The rebuttable presumption of proof in general protections’ cases

In general protections’ cases however, once an applicant establishes an arguable case, the burden of disproving it passes to the…

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Access to medical records of employee by employer Part 1

I am often asked whether an employer can lawfully demand access to an employee’s private medical records. The demand is…

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Unfair dismissals; conciliation, mediation and arbitration

Unfair dismissal claims which are lodged with the Fair Work Commission are first dealt with in a conference.  Although the…

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Covert recording of work incidents

The question of the admissibility into evidence of covert recording of incidents which become relevant to an unfair dismissal case…

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Work experience/ internship or employment?

The Fair Work Commission recently dealt with an unfair dismissal case brought by a young law graduate who had been…

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Unlawful dismissal or termination of employment; the law

Technically there are two distinct types of unlawful dismissal in fair work law. The first is common law unlawful dismissal,…

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What are reasonable extra hours of work?

Most Australian employees are employed, whether they know it or not, under a modern award or enterprise agreement. Nevertheless there…

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