Unfair dismissal; inherent requirements of the job

When in an unfair dismissal case, an employer suggests that the dismissal was brought about by the employee being unable…

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Unfair dismissal; failure to meet requirements of the job

Sec 386 of the Fair Work Act provides inter alia that a person has been dismissed if the person’s employment…

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Unfair dismissal; inherent requirements of the job

One of the questions involved in an unfair dismissal case is whether or not the employer had a valid reason…

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Termination of employment for inability to meet inherent requirements

It is a question of fact to be determined by expert evidence in an unfair dismissal case whether an employer…

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Unfair dismissal; inherent requirements of the job

For the dismissal of an employee to be upheld as relevantly fair, the tests used by the Fair Work Commission…

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Meeting the inherent requirements of the job

Where an employee is unable to meet the inherent requirements of the job, it is perfectly lawful for an employer…

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Fair work law; the inherent requirements of the job

One of the most common issues about which I am consulted in my fair work practice is the issue of…

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Unfair dismissal; the inherent requirements of the job

Where an employee is unfit for work because of medical issues, whether or not they are sustained at work or…

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Unfair dismissal; inherent requirements of the job

An employer will generally be permitted to dismiss an innocent employee who for whatever reason can no longer fulfil the…

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Inability to perform the inherent requirements of a job; the effect

“An inability to perform the inherent requirements of the position will generally provide a valid reason for dismissal. But this…

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