Unfair dismissal, frustration of contract, health of employees

The South Australian Employment Tribunal has held that the dismissal of an employee by the South Australian Department of Health…

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Unfair dismissal cases; inherent requirements and valid reason

It is quite common for employers to terminate the employment of an employee on the basis that the employee is…

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Unfair dismissal and capacity issues

The capacity of an employee to fulfill the inherent requirements of a job is a critical issue for employers and…

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Unfair dismissal; the inherent requirements of the job

The capacity of an employee to fulfill the inherent requirements of the job is a major issue in unfair dismissal…

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The inherent requirements of a job and unfair dismissal cases

Here is a passage from a recent Fair Work Commission case about the legal issues which are involved in assessing…

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Dismissal because unable to meet inherent job requirements

The Fair Work Commission will generally support the fairness of the dismissal of an employee where the employer can demonstrate…

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Legal advice for unfair dismissal

Ordinarily it will be a valid reason for the dismissal of an employee if he or she is unable to…

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Unfair dismissal; inherent requirements of the job

It is an entirely valid reason for an employer to dismiss an employee in circumstances in which the employee does…

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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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