Fair Work Commission and legal professional privilege

This is a fascinating extract from a recent appeal decision of the Fair Work Commission about the Commission’s processes and…

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Unfair dismissal; valid reason and lawful instructions

As a general principle, employers have the right to expect employees to comply with the employer’s lawful and reasonable instructions….

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Unfair dismissal; misconduct , valid reason and memes

This extract from a recent unfair dismissal decision by the Fair Work Commission is an excellent summary of the relationship…

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Vaccines and the workplace

The following lengthy extracts from a recent Fair Work Commission unfair dismissal case, which arose from the dismissal of an…

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Long Service Leave and serious misconduct

Under most of the various State long service legislation an employer has the right to withhold paying pro rata long…

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Unfair dismissal and an employer’s mandatory processes

Although a reasonably rare issue, there are occasions when the Fair Wok Commission may find that a dismissal is relevantly…

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Unfair dismissal and associated entities

When calculating employee numbers to determine whether an employer being sued for unfair dismissal is a small business employer, the…

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Genuine redundancy and redeployment

One of the mandatory factors which disentitles an employer from relying upon the jurisdictional defence of “genuine redundancy” to an…

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Unfair dismissal and influenza vaccines

A former employee of an aged care facility has lost an unfair dismissal case after she was dismissed when she…

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Unfair dismissal time limits; merits do matter

The apparent strength of an employee’s case will be a factor considered by the Fair Work Commission when determining whether…

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