Remedies for unfair dismissal; lost long service leave

It is a matter of some controversy whether the Fair Work Commission can or should include a component of lost…

Read More →

Remedies for unfair dismissal; lost pay

Where the Fair Work Commission orders reinstatement to an employee found to have been unfairly dismissed, it may also order…

Read More →

Remedies for unfair dismissal; lost pay

When reinstatement is ordered as the remedy for unfair dismissal, the Fair Work Commission may make an order to preserve…

Read More →

The legal concept of trust and confidence in employment law

Although the High Court of Australia has rejected the implication of a mutual condition of trust and confidence as an…

Read More →

Unfair dismissal; reinstatement and compensation

The tactical perils of declining reinstatement Where an employee wins an unfair dismissal case, but has unreasonably refused to accept…

Read More →

Unfair dismissal; the remedies

Reinstatement The primary remedy for unfair dismissal is reinstatement (Fair Work Act, sub-sec 390(3)). If reinstatement is ordered, the Commission…

Read More →

Unfair dismissal remedies; reinstatement

If an employee wins an unfair dismissal case, the Fair Work Commission has a number of statutory weapons available to…

Read More →

The relationship between trust and confidence and whether to reinstate

The relationship between loss of trust and confidence and whether to reinstate an unfairly dismissed employee. In Thinh Nguyen and…

Read More →

Order to restore lost pay with reinstatement; unfair dismissal

Under sec 391(3) of the Fair Work Act, the Fair Work Commission is empowered if ordering the reinstatement of an…

Read More →

Reinstatement for unfair dismissal

In Regional Express Holdings Ltd T/A Rex Airlines (2010) FWAFB 8753 a Full Bench of Fair Work Australia considered what…

Read More →