Unfair dismissal and consultation obligations

For an employer to make out the jurisdictional defence of genuine redundancy it must inter alia comply with the consultation…

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Redundancies; the job and its functions

A genuine redundancy arises under the Fair Work Act when the job does not survive the event and is not…

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Unfair dismissal; transfer of employment and length of service

Under the Fair Work Act, a new employer is obliged to notify a transferring employee in a transfer of employment…

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How to treat allowances for the high income threshold

How to treat allowances for the purposes of the high income threshold. The following is a very useful analysis of…

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Termination of employment; what is a dismissal?

It is surprising how many legally recognized variations on a dismissal there are in employment law; for example, constructive dismissal,…

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Unfair dismissal and fighting by employees

Fighting between work colleagues will not ordinarily constitute a valid reason for the dismissal of a participant unless there is…

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Unfair dismissal cases and criminal charges

In a recent decision of the Fair Work Commission in a pending unfair dismissal case, the Commission reviewed the principles…

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Unfair dismissal and labour hire arrangements

Here is a passage from a recent unfair dismissal case which expresses the legal principles often in play when the…

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Redundancy and unfair dismissal; failure to consult

The issue whether the dismissal of an employee is unfair, and warranting of a remedy under the Fair Work Act,…

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Redundancy entitlements and the Fair Work Act

The Fair Work Act permits an employer which has obtained “other acceptable employment” for an employee who has had his…

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