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…

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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,…

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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…

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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)…

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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….

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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…

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Unfair dismissal and physical incapacity

Ordinarily, the inability of an employee , supported by medical evidence, that the employee is unable to perform the inherent…

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Unfair dismissal; opportunity to respond

Under the Fair Work Act, in considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, the…

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What is a harsh dismissal?

The test whether a dismissal is relevantly unfair is whether it is adjudged by the Fair Work Commission to be…

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Unfair dismissal and out of hours conduct

I often handle unfair dismissal cases for both employers and employees which arise from a dismissal based upon an act…

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