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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Onus of proof in small business dismissals

“I have considered the principles discussed in authorities including Pinawin T/A RoseVi.Hair.Face.Body v Domingo [2012] FWAFB 1359, and in Ryman…

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Summary dismissal by a small business employer; the requirements

Summary dismissal by small business; the requirements The summary dismissal aspect of the Code was considered by the Full Bench…

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Counting employees of overseas entities for jurisdiction issues

Counting employees of overseas entities to determine whether a business is a small business employer “He says that Nelson JA…

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Summary dismissal by small business

Summary dismissal by small business The relevant section of the small business fair dismissal code is as follows: “Summary dismissal…

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