Unfair dismissal time limit

The statutory time limit for making an unfair dismissal application to the Fair Work Commission of 21 days post dismissal…

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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…

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Settlements in fair work cases

The Fair Work Commission will not permit parties to unfair dismissal proceedings to walk away from or recant agreements reached…

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Evidence issues in general protections’ cases

The general protections prohibit certain actions by an employer, for example the taking of  adverse action against an employee, if…

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General protections breaches; compensation and penalties

Unlike unfair dismissal, a breach of the general protections of the Fair Work Act constitutes a contravention of the law,…

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General protections and reinstatement

There have been very few general protections’ cases in which an applicant succeeds in obtaining reinstatement of employment. Her is…

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General protections’ cases; conciliation requirements

In an interesting recent decision of the Federal Circuit Court, an applicant, who had resigned her employment, brought a breach…

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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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