Unfair dismissal cases; outcome is often unpredictable

It is not necessarily enough to protect an employer from a finding of unfair dismissal that the employer holds a…

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Employers beware; “tokenistic” consultation in redundancies

For a redundancy to be valid, in the sense that it is a defence by an employer to an unfair…

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Fair Work Act breaches; some are very sad

  The Federal Circuit Court has imposed very significant penalties upon a small company and its effective owner for underpayment…

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Recovering wages and statutory entitlements

Many of my in-coming  telephone calls are from members of the public who are employees who have legitimate (and sometimes…

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Warning for employers; who to believe?

In many cases which come before and are heard by the Fair Work Commission, it becomes necessary for findings of…

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Unfair dismissal cases and proof of serious misconduct

 One of the most vexing issues for those of us who represent employers and employees in unfair dismissal cases in…

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Onus of proof in Fair Work Commission cases

“Second, it is doubtful how far the notion of onus of proof is relevant at all to Commission proceedings, 41…

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Unfair dismissals and employer policies; what matters

Many employees are dismissed for contraventions of employer policies. But what is required for an employer’s policies to be valid…

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Loaded weekend penalty rates in Retail and Hospitality industries

It is tolerably clear from the Fair Work Commission’s decisions on penalty rates that it is feeling the pressure from…

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Is consultation mandatory in redundancies?

Are redundancy consultation obligations mandatory? The academic argument. There is debate in fair work circles about whether or not an…

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