New high income threshold for 1 July 2018 to 30 June 2019

The high income threshold in unfair dismissal cases will increase to $145,400 and consequently the compensation limit for unfair dismissal…

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Unfair dismissal; Fair Work Commission or State matter?

One of the most daunting tasks in the provision of employment law advice arises when advising a client, especially in…

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Redundancies and small businesses

Redundancies and small business employers Businesses which a truly small business employers are not required to pay statutory redundancy pay…

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Unfair dismissal and support person

An employer does not need to explicitly advise an employee of his or her right to be accompanied by a…

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Unfair dismissal; procedural fairness

    There is no doubt that the Fair Work Commission is a legal jurisdiction about which it is difficult…

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Dismissals by small business employers

There are different unfair dismissal rules under the Fair Work Act for small business employers, which are defined as businesses…

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Who is protected by the general protections?

The Fair Work Commission has just published an on line  interactive general protections’ benchbook. Here is a summary of who…

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Unfair dismissal; step by step analysis of how to judge

  “Since the Fair Work Act became law in 2009, and began to operate on 1 January 2010, there has…

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The onus and burden of proof in general protections’ cases

One of the most controversial aspects of the general protections, and certainly one of the most challenging to explain and…

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How to interpret the Fair Work Act

It is very trite, but there are legal principles which are applied to the task of interpreting legislation, including the…

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