Abandonment of employment

Although not common, every now and again I am asked to advise an employer about whether the employer can regard…

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Termination of employment vs termination of contract

In the Full Bench decision in Searle v Moly Mines Limited (2008) AIRCFB 1088 the distinction between the termination of…

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Drug and alcohol policies and the workplace

The Fair Work Commission has found a dismissal based upon an employee’s alleged failure to comply with what the employer…

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Notice and pay in lieu in Australian employment law

Sec 117 of the Fair Work Act (somewhat one-sidedly) contains a schedule of minimum periods of notice or pay in…

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Redundancy of position does not by itself terminate employment

The communication of a decision by an employer to an employee to the effect that the employer has made the…

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Dismissal will be unfair if no adequate hearing

What exactly is the obligation upon an employer to provide an employee with an opportunity to respond to an allegation…

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Beware the protesting employee before deeming abandonment of employment

An employer is exposed to substantial risk of losing an unfair dismissal case if it treats an employee as having…

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Terminated by frustration or dismissed by employer?

The Catholic Education Office, Sydney has failed in a bid to have an application for an unfair dismissal remedy thrown…

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Will a payment in lieu of notice without more terminate the employment?

In Siagian v Sanel Pty Ltd (1994) 122 ALR 333, the Industrial Relations Court of Australia (Wilcox CJ) said: “The…

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Notice of intended dismissal must be given before the decision is made

Notification of a valid reason for termination must be (1) given to an employee protected from unfair dismissal before the…

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