Striking out hopeless cases in the Fair Work Commission

The Fair Work Commission has the power to strike out manifestly hopeless cases without them proceeding to a hearing. What…

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Security for costs in the Fair Work Commission

It is reasonably common in the Australian civil courts for a party to seek an order from the relevant court…

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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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Fair Work system; how it works

The Fair Work Act’s coverage The Fair Work Act essentially covers the workplace and industrial relations issues which arise from…

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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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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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