Redundancy; consultation requirements

For an employer to be able to rely upon the jurisdictional defence of genuine redundancy to an unfair dismissal claim,…

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Redundancies and unfair dismissal; critical time limits

It is quite common for an employee whose employment is terminated on the grounds of redundancy (more technically a “genuine…

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Unfair dismissal time limit

The statutory time limit for making an unfair dismissal application to the Fair Work Commission of 21 days post dismissal…

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Dismissal because unable to meet inherent job requirements

The Fair Work Commission will generally support the fairness of the dismissal of an employee where the employer can demonstrate…

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Redundancies and unfair dismissal by small business employers

Redundancies and unfair dismissals by small business employers The Small Business Fair Dismissal Code does not apply to employers which…

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Termination of employment for Covid guideline breach

The following is a portion of a decision by the Fair Work Commission which deals with an unfair dismissal claim…

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Unfair dismissal cases involving small businesses

What follows today is part of a classic Fair Work Commission unfair dismissal decision which  in my opinion is a…

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Advertising to fill previous redundancies

I am often asked whether there is a time limit before an employer may re-hire an employee into a position…

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Resolving workplace disputes through enterprise agreements

Enterprise agreements must contain a dispute settlement process. This is often the vehicle for an employee (and an employer for…

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Unfair dismissal conciliation conferences

It is surprisingly common for former employees to agree to a settlement of an unfair dismissal case at a conciliation…

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