When is a summary dismissal permissible?

A summary dismissal without notice or ay in lieu is only justifiable where the employee’s conduct is such that it…

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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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Warnings to employees

“Warnings regarding unsatisfactory performance – s.387(e) In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable,…

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Onus of proof for summary dismissal

As Hungerford J in Pastry Cooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell…

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Summary termination at common law; nothing new here

It has recently been held by the Full Court (of the Federal Court) that, in order to justify summary termination,…

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Masterclass; what is serious misconduct justifying summary (ie instant) dismissal

“Serious Misconduct The Act makes reference to the meaning of serious misconduct at s.12: “12 The Dictionary In this Act:……

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Serious misconduct justifying summary dismissal explained

It may be accepted that an assessment of the degree of seriousness of misconduct which has been found to constitute…

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