Implied terms and conditions in employment contracts

An enormous amount of litigation in Australian courts includes cases in which a party to a contract seeks to rely…

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Recovering employment entitlements; Federal Circuit Court

In a very surprising decision, a judge of the Federal Circuit Court has held that the Court does have jurisdiction…

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Damages for breach of employment contracts

The Western Australian Industrial Relations Commission has a powerful jurisdiction called “denied contractual benefits”. The Western Australian Industrial Relations Act…

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Employer needs no reason at all to dismiss at common law

A Full Bench of the Western Australian Industrial Relations Commission has re-affirmed (if it needed to be) that there is…

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How to impose an across the board pay cut

The Fair Work Commission has applauded as appropriate an employer imposing an across the board temporary pay cut of 10%…

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Discretionary bonuses; a workplace right?

Is a promise of a bonus at the discretion of management an entitlement to a bonus? Many employees work in…

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Masterclass; interpreting contracts and agreements including in employment

One of the most common causes of legal disputes, right up there with personality clashes and egos and so forth,…

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Masterclass; managerial prerogative explained

The extent to which an employer retains management rights to manage a business without contravening its obligations (often called managerial…

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Sometimes discretion means no such thing

An employee is not precluded from recovering a discretionary bonus in court where he or she can demonstrate that the…

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To the manor born; what is management prerogative?

Managerial prerogatives are considered natural or intrinsic organic rights or put another way an unqualified authority which allow employers to…

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