Unfair dismissal; inherent requirements

In the event that an employee becomes unable to meet the inherent requirements of a job, whether by reason of…

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Redundancy; the classic definition

“Further, in Hodgson v Amcor Ltd; Amcor Ltd & Ors v Barnes & Ors [2012] VSC 94, Vickery J (‘Hodgson…

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The consultation requirements for genuine redundancies

One of the statutory requirements for a redundancy to be “genuine” is that the employer must have complied with the…

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Unfair dismissal and misconduct

What follows is an extract from an important Fair Work Commission which sets out, in classic form, the elements of…

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Unlawful dismissal

The concept of unlawful dismissal in Australian employment law is discussed extensively throughout this web site. However here is an…

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Dismissal may be fair despite lack of consultation

It is reasonably well known that one of the statutory requirements of a genuine redundancy is that the employer must…

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Unfair dismissal; abandoning employment

When will an employee be regarded as having abandoned his or her employment? Here is an extract from a recent…

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Unlawful dismissal; the general protections

The general protections which were born out of Julia Gillard’s Fair Work Act 2009, introduced the statutory concept of unlawful…

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Compensation for breach of enterprise agreement

In a recent decision of the Federal Circuit Court,  the Court held that a University had contravened an enterprise agreement,…

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When is an employee dismissed?

Here is an extract from a recent Fair Work Commission case which sets out the circumstances in which the Commission…

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