Comparative justice in the Fair Work Commission

One thing that not all employers are not very good at is ensuring that decisions about the disciplining of employees…

Read More →

What is an unfair dismissal?

An unfair dismissal in Australia is the termination of the employment of an employee by an employer in circumstances where…

Read More →

How to calculate compensation for unfair dismissal

Today, I have included in my blog a post about assessing compensation for unfair dismissal. I have included an extract…

Read More →

Remedies for unfair dismissal; lost long service leave

It is a matter of some controversy whether the Fair Work Commission can or should include a component of lost…

Read More →

Remedies for unfair dismissal; lost pay

Where the Fair Work Commission orders reinstatement to an employee found to have been unfairly dismissed, it may also order…

Read More →

Long service leave and unfair dismissal

Long service leave entitlements are provided for by State and Territory legislation, not the national Fair Work Act. Ironically, then,…

Read More →

Dismissals by small businesses; well what is the test

There is controversy amongst industrial relations practitioners about the legal test to be applied in circumstances where a small business…

Read More →

Dishonesty and unfair dismissal

A single foolish act of dishonesty may not justify termination of employment at common law. In McDonald v Parnell Laboratories (Aust)…

Read More →

Compensation for unfair dismissal; the principles

The way in which the Fair Work Commission awards compensation for unfair dismissal is on show in its decisions daily….

Read More →

Unfair dismissal; the complete defences

There are a number of statutory objections which an employer may make in responding to an unfair dismissal claim, which…

Read More →