Summary dismissal by small business employers

Today I am publishing an extract from a recent Fair Work Commission unfair dismissal decision which sets out the legal…

Read More →

Covid 19 General Order; WA Industrial Relations Commission

Consistent with the approach of the Fair Work Commission to amend numerous modern awards to assist employers manage the implications…

Read More →

Which award applies to a job?

The issue whether a modern award or enterprise agreement applies to a job is of profound importance in employment law….

Read More →

How to interpret enterprise agreements

Although enterprise agreements are in a sense a statutory instrument, by which I mean that a breach can constitute a…

Read More →

Unfair dismissal; the elements of a case

The Fair Work Act expressly requires the Fair Work Commission in an unfair dismissal case to “take into account” a…

Read More →

New high income threshold

From 1 July 2020 the high income threshold under the Fair Work Act is $153,600  and the new filing fee…

Read More →

Redundancy law; ordinary and customary turnover

The Fair Work Act provides for statutory redundancy payments to be made to an employee if his or her employment…

Read More →

Standard of proof in unfair dismissal cases

Although the Fair Work Commission is not bound to apply the rules of evidence and formality which are followed in…

Read More →

Unfair dismissal and extensions of time

Quite commonly, an employer will dismiss an employee on grounds of redundancy, and to the employee’s horror might then advertise…

Read More →

When is a casual employee dismissed?

Although a failure by an employer to offer a true casual employee shifts of work in economic stress may have…

Read More →