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…

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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…

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Unfair dismissal remedies; reinstatement

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

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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…

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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…

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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…

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When to reinstate for unfair dismissal?

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

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There but for the grace…..dismissal for violence unfair

In this case decided by the Fair Work Commission, Commissioner Hampton has concluded on the evidence that the applicant for…

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The ultimate irony; the “primary” remedy which is almost never ordered for unfair dismissal

The issue of when reinstatement is inappropriate and the related question of the need for trust and confidence between the…

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The intellectual absurdity of reinstatement as the preferred remedy for unfair dismissal

That reinstatement is regarded as the primary remedy for unfair dismissal must have been either the subject of no debate…

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