Unfair dismissal,serious misconduct and the Fair Work Regulations

The Fair Work Regulations define what is meant by serious misconduct, but do so in a very unsatisfactory way. Here…

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Hey Presto; unlawful termination to unfair dismissal

The Fair Work Commission has decided that it has the power to amend an unlawful termination of employment application under…

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Dismissals involving the general protections

Sec 365 of the Fair Work Act entitles a person to apply to the Fair Work Commission to deal with…

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Fast tracking general protections claims

In the event that a general protections’ claim under the Fair Work Act is not resolved by the Fair Work…

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Equity and the Fair Work Commission

Equitable doctrines and the Fair Work Commission In an interesting but patently correct decision the Fair Work Commission has determined…

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Open justice in the Fair Work Commission

Australian courts operate upon the principle that only in the event of extraordinary circumstances will a court be closed and…

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Correcting errors in the Fair Work Commission Part 2

The Fair Work Commission is empowered to cure irregularities in paperwork filed with it, for example in applications, provided that…

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Correcting errors in the Fair Work Commission

The Fair Work Commission is empowered under sec 586 of the Fair Work Act to amend any application or other…

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Open justice in the Fair Work Commission

“We note the matter before us involves how an employer investigates allegations that an employee allegedly made offensive commentary on…

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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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