Fair Work; unfair, wrongful and unlawful dismissals Part 3

The general protections under the Fair Work Act are principally concerned with action which is taken by a constitutionally covered…

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Probation in contemporary workplace relations

I am often asked about the legal implications of an employee being “on probation”. Practically, in Western Australia, there are…

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The need for meaningful warnings under the Small Business Fair Dismissal Code

A small business employer (see other blogs as to what this means) cannot justify the dismissal of an employee on…

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Counting employees in associated entities

For the purposes of determining whether an employer is a small business employer under the Fair Work Act, which has…

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When will a demotion be a dismissal?

When will a demotion be a dismissal? The plain words of s.386(2)(c) must be construed such that a demotion in…

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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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Oops; a slip of the tongue or old cobblers

In Christie v Kennedys Personal Training Pty Ltd (2015) FWC 7274 delivered on 23 October 2015 Roe C of the…

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Masterclass in how to decide unfair dismissal case

The approach taken to dissecting a small business dismissal in an unfair dismissal case is well illustrated by a clinical…

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Smoke and mirrors; dismissal laws for small business

It is well known that the Fair Work Act is intended to relieve small businesses of the same level of…

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The “rubric of relevance”; how the small business fair dismissal code works

“The purpose behind the existence of the Small Business Fair Dismissal Code is to treat a dismissal as a fair…

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