Stop bullying orders for the workplace; jurisdiction

The Fair Work Act covers national system employers and national system employees in the main. The Act does have some…

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Resignations by relocation of the workplace; unfair dismissal?

Resignations brought on by relocation of employer. Can it be a constructive dismissal? I have been asked many times about…

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Unfair dismissals by resignation

Most Australian employers and employees will have some understanding of the concept of constructive dismissal. As can be seen from…

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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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Wearing funny clothes; industrial action

The Fair Work Act  defines industrial action as follows FAIR WORK ACT 2009 – SECT 19 Meaning of industrial action…

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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; counting overseas employees

The issue whether to count employees of associated entities which are based overseas has been somewhat of a vexed issue…

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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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