Fair work law in Australia and the High Court

Yesterday I published a post which pointed out the relationship between the doctrines of repudiation in contract law in Australia…

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The doctrines of repudiation and constructive dismissal

The doctrine of repudiation in the common law arises in the context of contract law. So where two parties have…

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Compensation for non-genuine redundancies; time out of work

The latest data from a survey of persons retrenched in the last 3 years from the Australian Bureau of Statistics…

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Drug and alcohol testing in the workplace

The following passage from a decision of a senior member of the Fair Work Commission explains the law in Australia…

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Onus of proof in unfair dismissal

“In cases of summary dismissal, the onus rests on the respondent to prove, to the Commission’s satisfaction, that the misconduct,…

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Compensation in the fair work system

How does the Fair Work Commission assess compensation? Here is an extract from a caser which begins to answer that…

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Unfair and unlawful dismissal explained

Most Australians are reasonably familiar with the concept of unfair dismissal. In fact I often say to employees and employers…

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Can an employer treat no response as a dismissal?

Can an employee who is asked by an employer to resign treat that as a dismissal? Some light on that…

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Redundancy; the consequences of not consulting

A failure by an employer to comply with the consultation obligations provided for by an applicable modern award or enterprise…

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Redundancy; the requirement for bona fide chance to influence

For a redundancy to be a jurisdictional defence to an unfair dismissal challenge, the termination of employment must constitute a…

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