Dismissals by small businesses; well what is the test

There is controversy amongst industrial relations practitioners about the legal test to be applied in circumstances where a small business…

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Unfair dismissal; counting overseas employees

The issue whether to count employees of associated entities which are based overseas has been somewhat of a vexed issue…

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Dismissals by small business

It is a complete jurisdictional defence to an unfair dismissal claim against a small business employer that the employer has…

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Summary dismissal by small business; the requirements

Compliance by a small business with the Small Business Fair Dismissal Code in the termination of the employment of an…

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Time is of the essence for a fair dismissal; or is it?

There are some cases of the Fair Work Commission in unfair dismissal cases involving small business employers which hold that…

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Small business dismissals for misconduct; the sting in the tail

At common law, it is permissible for an employer to endeavour to prove that a summary dismissal for serious misconduct…

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Small Business Fair Dismissal Code; summary dismissal

The Fair Work Act provides an absolute jurisdictional defence to a small business employer which dismisses an employee in accordance…

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Unfair dismissal and the Small Business Fair Dismissal Code

The Small Business Fair Dismissal Code provides that it is fair for an employer to dismiss an employee without notice…

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Unfair dismissal and the Small Business Fair Dismissal Code

The Small Business Fair Dismissal Code provides that “Summary Dismissal It is fair for an employer to dismiss an employee…

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The Small Business Fair Dismissal Code checklist

“Although not forming part of the Code, there is an accompanying ‘Checklist’ document intended to serve as a tool to…

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