When will reduction in pay be a dismissal?

The Fair Work Commission has determined that a unilateral requirement by an employer that an employee accept a 20% reduction…

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Unfair dismissal by demotion

Unfair dismissal; when a demotion will be a dismissal As a general principle, conduct by an employer which constitutes “a…

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Unfair dismissal; what is the effect of a demotion

When will a demotion legislated upon an employee by an employer, and without the employee’s consent, constitute a dismissal. Here…

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When will a demotion be a dismissal?

Paradoxically, the Fair Work Act curiously deals with the issue of when an unwanted  demotion of an employee will be…

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When is a demotion a dismissal?

I am often asked by both employers and employees to provide advice about the legal implications of the demotion of…

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Demotion and unfair dismissal

In these times of a generally difficult economic environment for most Australian employers, there is common pressure upon them to…

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The legal implications of a demotion

As was said in Charlton v Eastern Australian Airlines Pty Ltd (2006)154 IR 239 “Unless the contract of employment or…

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Many demotions are perfectly valid

A demotion which is permitted by an industrial instrument or contract does not constitute a dismissal. “There is a body…

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When will a demotion be an unfair dismissal?

When will a demotion amount to a dismissal? In Sherriff v Veolia Environmental Services (Australia) Pty Ltd (2015) FWC 6876…

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Masterclass; when will a demotion be a dismissal?

Under sub-sec 386(2)(c) of the Fair Work Act, it is provided inter alia that a person has not been dismissed…

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