Unfair dismissal; onus of proof of serious misconduct

“Counsel for the applicant submitted that there were no valid reasons for the applicant’s dismissal in that the respondent was…

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Unfair dismissal, compensation principles

Compensation principles “In Brett Haigh v Bradken Resources Pty Ltd T/A Bradken 10 the Fair Work Commission said: [10] The frequently quoted case on…

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Error of judgement not grounds for dismissal

A one off error of judgment, or act of negligence or carelessness, is not enough to constitute a valid reason…

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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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Misconduct in unfair dismissal cases

What is the test of misconduct for the purposes of the dismissal of an employee? Here an extract from a…

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No valid reason for dismissal if it is capricious and spiteful

One of the most important issues for the Fair Work Commission when deciding whether the termination of the employment of…

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Unfair dismissal; what is a lawful and reasonable instruction

An employee who wilfully ignores complying with an employer’s lawful and reasonable instruction, or a valid policy, faces the risk…

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Unfair dismissal; what is serious misconduct?

“The relevance of the definition of “serious misconduct” in reg.1.07 to the matter is also, with respect, obscure. Section 12…

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Unfair dismissal; redundancy decisions by employers

“The Explanatory Memorandum to the Fair Work Bill 2008 states the following in respect of s.389 at Item 1553: “Clause…

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Unfair dismissal; what is a valid reason?

What is a valid reason for dismissal? Here is an extract from a decision of the Fair Work Commission in…

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