Unfair dismissal cases; how to assess the credibility of witnesses

Unfair dismissal cases; how to assess the credibility of witnesses Most unfair dismissal cases which are not resolved at conciliation…

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Unfair dismissal cases; the procedure

Today I came across a Fair Work Commission decision in an unfair dismissal case which dealt with both the form…

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Unfair dismissal and determinative conferences

I am no fan of the Fair Work Commission’s “determinative conferences”, and have previously posted blogs to that effect. They…

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Determinative conferences in the Fair Work Commission

In the sometimes mysterious workings of the Fair Work Commission, there appears to be an increasing trend to resolve cases…

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Insolvency of employers and the fair work system

It is not unknown for an employer to become insolvent and to seek to argue in fair work cases that…

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The risks of cross-examination by video link, Skype, Whats App

“Part of the reason for the importance of personal attendance involves cases where there might be a requirement to cross-examine…

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Fair Work; what is a workplace instrument?

There are many circumstances in workplace and fair work law where it is necessary to decide whether a “workplace instrument”…

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Convicted after the event; post dismissal probative evidence

Evidence which might be relevant to the merits of an unfair dismissal case which is not discovered by the employer…

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No double dipping over dismissals

The statutory rule in the Fair Work Act which prohibits multiple actions being taken “in relation to a dismissal” (see…

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Indemnity costs in the Fair Work Commission

In proceedings in the Fair Work Commission it is customary for each party to bear their, or his, or her…

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