Unfair dismissal; instant or on notice?

The effectively subjective discretion which the Fair Work Commission exercises when determining whether there is a valid reason for the…

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Redundancy pay; other acceptable employment

It is generally well known that an employer may avoid having to pay statutory redundancy pay to an employee whose…

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Unfair dismissal and the right to defence

The right of an employee to respond to and defend allegations which might lead to the termination of the employee’s…

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Unfair dismissal compensation

There is a reasonably methodical formula which the Fair Work Commission applies to calculating the amount of compensation which should…

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Termination of employment and genuine redundancy?

Most Australians are aware that a case of genuine redundancy is a complete defence to a claim for unfair dismissal….

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Termination of employment; what are the steps required

Unfair dismissal and procedural fairness I am often advised by employee clients that he or she was dismissed in the…

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Termination of employment; what is a valid reason?

For the termination of employment of employees by non-small business employers in a non genuine redundancy  situations and which operate…

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Unfair dismissal; employee or contractor?

The cases which are regarded as the leading authorities on the issue of whether a person is an independent contractor…

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Unfair dismissals and serious misconduct

Sec 12 of the Fair Work Act 2009 provides that “serious misconduct has the meaning prescribed by the regulations. Regulation…

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Unfair dismissal and labour hire

The most significant structural justification for companies to obtain their labour requirements from labour hire companies is to avoid the…

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