When can an employer reduce wages?

Where an employer breaches an employment contract by unilaterally reducing an employee’s remuneration when the contract requires the consent of…

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Unfair dismissal; principles of constructive dismissal and repudiation

‘When faced with a repudiation of an employment contract by a contract-breaker, the innocent party may elect to accept the…

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Constructive dismissal may depend upon employer’s repudiation

The Fair Work Commission often asserts in its decisions on the jurisdictional question whether the termination of the employment of…

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Repudiation; what does it mean to fair work laws?

The common law doctrine of repudiation appears to me to be slipping increasingly into the fair work jurisdiction’s jargon. It…

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Will employer’s breach of contract release employee from post employment restraints?

Where an employer breaches a contract of employment in a fundamental and serious way, (for example by wrongfully dismissing an…

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Unfair dismissal; how a demotion becomes a dismissal

A decision by an employer to demote an employee including reducing his or her remuneration without consent will generally be…

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Unfair dismissal; the doctrine of repudiation

The common law of contract plays a deep and utterly fundamental role in workplace relations law and practice since the…

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Dismissals by small business; not as easy as you think

The Small Business Fair Dismissal Code was declared by the Minister for Employment and Workplace Relations on 24 June 2009….

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More of the same old rubbish from the Productivity Commission

The Productivity Commission, which can almost always be counted on to issue recommendations which are consistent with the objectives of…

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Sandwich short of a picnic; employer must have open mind when investigating misconduct

In Mahoney v Bechtel Construction (Australia) Pty Ltd [2014] FWC 27569 the FWC ruled the dismissal of a crane driver…

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