Unfair dismissal; when to calculate the annual rate of earnings

A Full Bench of Fair Work Australia in decision in Zappia v Universal Music Australia Pty Ltd 6 said as follows; “On the…

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Unfair dismissal; discretionary payments and the high income threshold

“In Jenny Craig Weight Loss Centres Pty Ltd v Margolina 5 the Full Bench stated: “It seems clear enough that the legislature intended…

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Unfair dismissal and part time employees

Where a part time employee earns a pro rata proportion of what would otherwise be earnings which exceed the high…

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High income threshold; how to value car allowances

How to value a motor vehicle allowance for the purposes of the high income threshold “It is noted that prior…

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New high income threshold for 1 July 2018 to 30 June 2019

The high income threshold in unfair dismissal cases will increase to $145,400 and consequently the compensation limit for unfair dismissal…

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High income threshold and allowances

There has been some judicial controversy about what is to be included in the “annual rate of earnings” for the…

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What car allowances are included in the high income threshold?

There has been much confusion amongst fair work practitioners about what types or elements of motor vehicle allowances should be…

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Tweaking salaries to avoid unfair dismissal?

An employee whose rate of earnings at the point of dismissal exceeds the high income threshold is not protected from…

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Unfair dismissal; allowances and the high income threshold

What allowances, and in particular, what motor vehicle allowances are to be included in the rate of earnings calculation for…

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What are earnings for the high income threshold?

  In this explanation I have included a passage from the Fair Work Commission’s unfair dismissal benchbook.   “Earnings include:…

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