Second job maybe grounds for fair dismissal

There are circumstances in which an employer may legitimately regard the holding of a second job by an employee as…

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Remedies for unfair dismissal; reinstatement and misconduct

The following portion of a recent unfair dismissal case is a good starting point to understand the Fair Work Commission’s…

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Inconsistent treatment and unfair dismissal

The Fair Work Act contains a number of express matters which the Fair Work Commission is bound to take into…

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Evidence issues in unfair dismissal cases

In unfair dismissal cases being dealt with by the Fair Work Commission, there is both a burden of proof and…

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Compensation for unfair redundancy; yes, there is such a thing

A failure by an employer to comply in a meaningful way with the consultation obligations of an applicable modern award…

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Redundancy; consultation requirements

For an employer to be able to rely upon the jurisdictional defence of genuine redundancy to an unfair dismissal claim,…

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Redundancies and unfair dismissal; critical time limits

It is quite common for an employee whose employment is terminated on the grounds of redundancy (more technically a “genuine…

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Unfair dismissal time limit

The statutory time limit for making an unfair dismissal application to the Fair Work Commission of 21 days post dismissal…

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Dismissal because unable to meet inherent job requirements

The Fair Work Commission will generally support the fairness of the dismissal of an employee where the employer can demonstrate…

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Redundancies and unfair dismissal by small business employers

Redundancies and unfair dismissals by small business employers The Small Business Fair Dismissal Code does not apply to employers which…

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