The following passage from a recent general protections case determined by the Federal Court is a practical and helpful guide…
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Here is an excellent analysis of the legal principles which apply to the cause of action known as adverse action…
In general protections’ cases, the outcome will often depend upon whether the respondent (normally an employer) is able to discharge…
The Fair Work Act provides that a person is to be regarded as having been dismissed if either the person’s…
As a matter of ordinary contract law, it is likely that in most circumstances during the Covid 19 pandemic, an…
For the purposes of the Fair Work Act, a transfer of business occurs when (a) the employment of an employee…
Australian law has developed a number of legal tests which are of assistance to the courts and tribunals when determining…
As these passages from an unfair dismissal case decision make clear, it is very, very difficult to gain an extension…
While performance management by an employer of an employee can be very distressing for the employee, if it capable of…
This passage from an unfair dismissal case sets out the general principle which guide the Fair Work Commission when assessing…
