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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Can an unfair dismissal case survive death?

Does an unfair dismissal case survive death? The answer is no. “As the Deputy President observed in Stan v Frontline Australasia, 2 s.394…

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Fair Work Commission is not a court

No-one will be terribly surprised at a ruling by a Full Bench of the Fair Work Commission to the effect…

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Unfair dismissals; conciliation, mediation and arbitration

Unfair dismissal claims which are lodged with the Fair Work Commission are first dealt with in a conference.  Although the…

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Fair Work Act and ignorance of the law Part 2

On 14 September, I published a post about the issue whether ignorance of the law constitutes a defence to a…

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Fair Work Act and ignorance of the law Part 1

It would appear that there is a distinction between what is required to prove a contravention of the Fair Work…

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Penalties for breach of fair work laws

Where an employer is found to have failed to comply with the NES, or a modern award or enterprise agreement,…

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Fair Work; unfair, wrongful and unlawful dismissals

There are two distinct workplace law systems in Australia, Federal and State. In Western Australia, both systems are alive and…

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The basics of the fair work system; jurisdiction Part 2

If an employee works for a business which is owned by a corporation and which is involved in a material…

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The basics of the fair work system; jurisdiction Part 1

Generally speaking, an employee is not covered by the national fair work system if he or she: • The Western…

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