When does a dismissal become legally effective?

The date and time of a dismissal may be critical to whether or not the dismissed employee may pursue an…

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Redundancy and going though the motions with consultation

The Fair Work Act requires an employer which is seeking to defend an unfair dismissal case on the basis of…

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Unfair dismissal; the doctrine of abandoning employment

The doctrine of abandonment of employment is a tricky legal issue in employment law. The doctrine most commonly arises for…

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Unfair dismissal; employee, contractor, volunteer or friend?

The following extract from a recent decision of the Fair Work Commission is an excellent summary of the legal principle…

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General protections and the reverse onus of proof

The general protections of the Fair Work Act operate on the basis of a statutory reverse onus of proof. In…

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General protections; what is the reason for the action?

Most general protections cases involve allegations to the effect that the action complained of was for a prohibited reason or…

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Time limits in the Fair Work Commission are very strict

Time limits in the Fair Work Commission are strictly enforced and there must be “exceptional” circumstances to justify the grant…

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General protections; refusing to work overtime may be workplace right

“In theoretical terms, I accept that the entitlement to refuse to perform overtime work may amount to a workplace right. …

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Workplace right defined by general protections

Under the Fair Work Act, the most common general protections’ claim pursued involves an allegation that an employee suffered adverse…

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General protections’ cases; the causative link to be made out

One of the most frequent reasons that an applicant fails in a general protections case is that he or she…

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