Unfair dismissal; employee or office bearer?

Persons who are officers of companies under the Corporations Act, such as directors and company secretaries, may or may not…

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Unfair dismissal; the myth that is constructive dismissal

I am often instructed by a client that he or she has been “constructively dismissed”, by which is meant that…

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Unfair dismissals and small businesses

The Fair Work Commission has consistently applied the provisions of the Small Business Fair Dismissal Code literally, and not in…

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Reasonable alternative employment does not guarantee redundancy pay

It will be a rare case I imagine where the Fair Work Commission will determine that an employee whose position…

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Dismissals for misleading job applications

There are many occasions when employees applying for a job exaggerate their credentials, sometimes with the intention of misleading a…

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Compensation for unfair dismissal in redundancies

It is well known that the termination of employment of an employee will not constitute an unfair dismissal if it…

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High income threshold; how to value car allowances

How to value a motor vehicle allowance for the purposes of the high income threshold “It is noted that prior…

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Unfair dismissal and work social events

Unfair dismissal and conduct at social events It is a regrettable modern fact that the conduct of staff at social…

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Freedom of expression at work; Part 2

In a previous blog/post I made the point that the High Court of Australia has recognized that the Australian Constitution…

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Freedom of expression at work Part 1

Is freedom of expression alive and well in Australian fair work law? Part 1 I recently read an article published…

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