Serious misconduct and the Fair Work Act

Sec 12 of the the Fair Work Act 2009 provides that “serious misconduct’ has the meaning prescribed by the regulations….

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Dismissal for violence; no warning required

The Fair Work Act is consistently interpreted by the Fair Work Commission to require an employee to warn an employee…

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Small business dismissals for misconduct; the sting in the tail

At common law, it is permissible for an employer to endeavour to prove that a summary dismissal for serious misconduct…

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Unfair dismissals and serious misconduct

The notion of serious misconduct in fair work legal practice is so important that there have been many attempts to…

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What is workplace misconduct? The bottom line.

“Misconduct justifying dismissal is conduct so serious that it goes to the heart of the employment relationship Culpeper v Intercontinental…

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The relevance of previous misconduct to valid reason for dismissal

“The relevance of instances of prior misconduct by an employee to a finding of “valid reason” under s.387(a) was also…

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Do not be disingenuous in employment investigations

One of the relevant factors which will be taken into account by the Fair Work Commission when determining whether there…

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Employers beware; if you forgive you must forget Part 2

The Court was referred by the applicant to Carter v The Dennis Family Corporation [2010] VSC 406 at 121 –…

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Employers beware; do not forgive and forget

An employer cannot generally rely upon a previous warning for serious misconduct justifying summary dismissal when dismissing an employee for…

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Is misconduct justifying summary dismissal necessarily a valid reason for dismissal?

What does misconduct in employment mean? “Serious misconduct is defined at subregulation 1.07(2) to include wilful or deliberate behaviour by…

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