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Implied terms and conditions in employment contracts

Posted by Fair Work Legal Advice

· Tuesday, August 6th, 2019

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

Recovering employment entitlements; Federal Circuit Court

Posted by Fair Work Legal Advice

· Saturday, August 3rd, 2019

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

Damages for breach of employment contracts

Posted by Fair Work Legal Advice

· Thursday, September 21st, 2017

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

Employer needs no reason at all to dismiss at common law

Posted by Fair Work Legal Advice

· Tuesday, August 8th, 2017

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

How to impose an across the board pay cut

Posted by Fair Work Legal Advice

· Saturday, June 18th, 2016

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

Discretionary bonuses; a workplace right?

Posted by Fair Work Legal Advice

· Wednesday, June 1st, 2016

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

Masterclass; interpreting contracts and agreements including in employment

Posted by Fair Work Legal Advice

· Thursday, October 8th, 2015

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

Masterclass; managerial prerogative explained

Posted by Fair Work Legal Advice

· Friday, August 28th, 2015

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

Sometimes discretion means no such thing

Posted by Fair Work Legal Advice

· Friday, May 22nd, 2015

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

To the manor born; what is management prerogative?

Posted by Fair Work Legal Advice

· Monday, May 4th, 2015

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

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