Unfair dismissal case procedures

Although unfair dismissal cases in the Fair Work Commission do not proceed in compliance with Australia’s laws of evidence, the…

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Adverse action and the reverse onus of proof

The following is a judgment of the Federal Court of Australia upholding an appeal brought against the dismissal of an…

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Fair work tests for employee or contractor

Yesterday I published a post which contained an extract from a Fair Work Commission decision about the distinction between a…

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Employee or contractor; the principles

The High Court and the Federal Court are currently determining various appeals which involve profoundly important reviews of the legal…

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Unfair dismissal time limits; one day not extended

It is a difficult task to obtain an extension of time (in this case one day) from the Fair Work…

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Settlement agreements for unfair dismissal cases

An in-principle settlement agreement of an unfair dismissal case will not be regarded as binding upon the parties until it…

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General protections cases; an example

The following is an extract from a recent judgement of the Federal Court of Australia in a classic general protections…

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Unfair dismissal, age and inherent requirements

As a matter of general principle, it is unlawful for an employer to terminate the employment of an employee because…

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Fair Work Commission time limits

Although the Fair Work Commission has a discretion to grant an applicant for an  unfair dismissal remedy or a general…

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Unfair dismissal; contractor or employee

There are currently several important cases in the Fair Work Commission, the federal courts and the High Court about the…

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