Management rights; a line in the sand

The Fair Work Commission rightly gives considerable latitude to employers to manage their businesses without unwarranted intervention; this is referred…

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Unfair dismissal cases; outcome is often unpredictable

It is not necessarily enough to protect an employer from a finding of unfair dismissal that the employer holds a…

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Warning for employers; who to believe?

In many cases which come before and are heard by the Fair Work Commission, it becomes necessary for findings of…

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Unfair dismissals and employer policies; what matters

Many employees are dismissed for contraventions of employer policies. But what is required for an employer’s policies to be valid…

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Unfair dismissals and serious misconduct

The notion of serious misconduct in fair work legal practice is so important that there have been many attempts to…

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Unfair dismissal; defending employee

A failure by an employer to provide an employee with a reasonable opportunity “to respond to any reason for dismissal”…

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Unfair dismissal; the inherent requirements of the job

Where an employee is unfit for work because of medical issues, whether or not they are sustained at work or…

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Unfair dismissal; out of hours conduct by employees

Out of hours conduct by employees The leading authority on the question of the extent to which conduct outside the…

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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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Fair Work; unfair, wrongful and unlawful dismissal Part 2

Yesterday I posted a blog about the prevalence of the colloquial use of the notions of unfair, wrongful and unlawful…

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