Will employer’s breach of contract release employee from post employment restraints?

Where an employer breaches a contract of employment in a fundamental and serious way, (for example by wrongfully dismissing an…

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No strings attached; Fair Work Commission cannot issue conditional reinstatement orders

A member of the Fair Work Commission in an unfair dismissal case does not have the power to order an…

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Damages for non-economic loss for adverse action including hurt and humiliation

Substantial damages awarded for by Federal Court unlawful adverse action for non-economic loss ie hurt, distress and humiliation “A significant…

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Crocodile tears; consequences of employee failing to provide notice of resignation

Paradoxically, the Fair Work Act mandates that it is unlawful for an employer to terminate the employment of an employee…

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Reinstatement as the primary remedy

The importance of reinstatement as the Fair Work Commission’s primary remedy for unfair dismissal, and the circumstances in which a…

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Remedies for unlawful termination

It is interesting to ask whether there is a distinction between the compensation or damages which can be awarded by…

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