Capacity for the job and employer’s obligation to accommodate

An employer is entitled to dismiss an employee who for whatever reason if unconnected with the workplace is unable to…

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How can this be? To give notice or not to give notice?

An employer must have a valid reason for the dismissal of an employee protected from unfair dismissal, although it need…

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Honesty is the best policy; material lying to an employer will almost always justify dismissal

“Mr Adeley has, on his own admission, knowingly lied to his employer and to other third parties and, as a…

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Standard of proof of theft to justify dismissal for misconduct

While the expression was not used in the letter of termination it is clear that the applicant was dismissed for…

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The doctrine of condonation in employment law

“Under the common law a summary dismissal can be supported by any legal justification which in fact existed at the…

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Inability to perform the inherent requirements of a job; the effect

“An inability to perform the inherent requirements of the position will generally provide a valid reason for dismissal. But this…

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Justice delayed is justice denied; even in the Fair Work Commission

The Fair Work Commission may determine that a dismissal is for a valid reason but is nonetheless unfair (even if…

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The relevance of previous misconduct to valid reason for dismissal

“The relevance of instances of prior misconduct by an employee to a finding of “valid reason” under s.387(a) was also…

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Urinating at work; yes there is law on this

In Oxley v Cascade Brewery Company Pty Ltd [2011] FWA 892. Mr Oxley had been seen urinating against an external…

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What is serious misconduct justifying summary dismissal?

“To justify summary dismissal for serious misconduct an employee’s conduct must constitute a repudiation of the contract or an “intentional…

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