• When will stopping shifts be a dismissal of casual employee?

    This decision of a Full Bench of the Fair Work Commission in an appeal contains a very useful summary of…

  • General protections and casual employees

    This extract from a protections decision of the Fair Wrk Commission deals with the issues of dismissals, the general protections…

  • When is a demotion a dismissal?

    There are circumstances in which the demotion of an employee may be regarded by employment law in Australia as a…

  • What is an unfair dismissal

    This extract from a decision of the Fair Work Commission deals with what constitutes a dismissal under the Fair Work…

  • Dismissal or resignation?

      The distinction between a dismissal and a resignation is sometimes a fine thing.     “Consideration   [1]      If…

  • Unfair dismissal and opportunity to respond

    A dismissal will be regarded as relevantly unfair if an employer does not provide the employee with a reasonable opportunity…

  • Casual employees and unfair dismissal

    This extract from a recent unfair dismissal decision of the Fair Work Commission contains an excellent summary of various legal…

  • Dismissals by small business employers

    This what the Fair Work Commission’s unfair dismissal benchbook says about the operation of the Small Business Fair Dismissal Code.…

  • Requirements for valid notice of dismissal

    This is an extract from the Fair Work Commission’s unfair dismisal benchbook which summmarizes the minimum requirements for a valid…

  • Fair work cases; what is a dismissal?

    Oddly enough, many unfair dismissal cases of thed Fair Work Commion revoilve around whether an employee was dismissed. These passages…