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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What is serious misconduct under the Small Business Fair Dismissal Code?

“In Ryman v Thrash Pty Ltd (2015) FWCFB 5264 (‘Ryman’), the Full Bench, after expressing the view that the summary…

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Building case for dismissal for misconduct

The building blocks for a dismissal for misconduct. “Having been dismissed for misconduct, the (Fair Work) Commission is first required…

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Mental illness a mitigating factor in misconduct

A dismissal will quite often be found by the Fair Work Commission to be relevantly unfair, warranting a remedy, even…

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