Unfair dismissal; the opportunity to defend

Sec 387 of the Fair Work Act sets out some mandatory considerations which the Fair Work Commission must have regard…

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Unfair dismissals and procedural fairness

We all know that an employer is bound to comply with what is often called “procedural fairness” when undertaking a…

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The procedural fairness requirements for an effective dismissal

Most Australians comprehend that an employer must provide a degree of fairness when dismissing an employee from his or her…

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Unfair dismissal; the right to defend

In unfair dismissal cases, a failure or refusal by an employer to afford a dismissed employee a fair and reasonable…

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How can this be? To give notice or not to give notice?

An employer must have a valid reason for the dismissal of an employee protected from unfair dismissal, although it need…

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Procedural fairness not necessarily required

The Commission has also held, in relation to matters of misconduct generally, that in circumstances in which procedural faults are…

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Justice delayed is justice denied; even in the Fair Work Commission

The Fair Work Commission may determine that a dismissal is for a valid reason but is nonetheless unfair (even if…

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The thin blue line; discretion in unfair dismissal cases

In an unfair dismissal case, the Fair Work Commission will, all things being equal, be required if it is satisfied…

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Procedural fairness not dispositive

Whilst procedural fairness is an important requirement for a dismissal to be relevantly fair, it is not, by itself, conclusive….

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Right to respond to allegation must come first

In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, the Commission must take into account…

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