Constructive unfair dismissal; the doctrine of repudiation

Conduct by an employer which is fundamentally inconsistent with the contract of employment of an employee will, if it amounts…

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Unfair dismissal and resignations

Most Australians are familiar with what is commonly (but not necessarily technically) known as a constructive dismissal which is a…

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Unfair dismissal and resignations

The concept of constructive dismissal is very misunderstood. Today I have posted an extract from a recent decision of the…

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Unfair dismissal and resignation

Here is an extract from a recent Fair Work Commission decision of a senior member of the Commission which superbly…

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Unfair dismissal and demotion Part 3

Unfair dismissal and demotion Part 3 This is the third in a series of three posts which deals with the…

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Unfair dismissal and demotion Part 2

Unfair dismissal and demotion Part 2 Yesterday, I posted a blog about the surprising numbers of ways in which Australian…

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Unfair dismissal and demotion Part 1

Unfair dismissal and demotion Part 1 It will come as a surprise to some to learn that in Australia conduct…

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Unfair dismissal; repudiation and constructive dismissal

It is reasonably common for an employer to seek to legislate a reduction in employment standards upon an employee against…

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Constructive unfair dismissal

When will a resignation be capable of being regarded as a dismissal for the purposes of an unfair dismissal case?…

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Unfair dismissal; reduced pay and constructive dismissal

When will reduced pay or changed conditions be a dismissal? An attempt by an employer to re-classify the role of…

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