Unfair dismissal; how to get the date correct

The precise date of the termination of an employee’s employment is often a legal controversy, and getting it right is…

Read More →

Unfair dismissal high income threshold; how to calculate

The manner in which an employee’s earnings are calculated for the purposes of determining whether their rate exceeds the high…

Read More →

Unfair dismissal and JobKeeper

“In  a recent unfair dismissal case, the Fair Work Commission rejected a defence by the employer that the termination of…

Read More →

Employment law; what is the construction industry

There are many cases in Australian employment law which turn upon the industry in which an employee works. For example…

Read More →

Workplace rights to comfort breaks at work

In a recent decision of the Federal Court of Australia it has been judicially held that Australian employees have a…

Read More →

Dismissal by e-mail not a good look

Although the Fair Work Act requires an employer to provide an employee with written notice of the day of termination…

Read More →

Unfair dismissal and alleged criminal conduct

The Fair Work Commission is generally and rightly very cautious about proceeding to hear an unfair dismissal case which involves…

Read More →

Unfair dismissal; jurisdiction issues for employers

In this extract from a recent decision of the Fair Work Commission, the Commissioner sets out the principles which the…

Read More →

Unfair dismissal analysis for business

Under the Fair Work Act the approach taken by the Fair Work Commission when assessing whether a termination of employment…

Read More →

Unfair dismissals for small businesses and time limits

It is difficult although not impossible to obtain an extension of time in which to commence proceedings in the Fair…

Read More →