Unfair dismissal; Fair Work Commission or State matter?

One of the most daunting tasks in the provision of employment law advice arises when advising a client, especially in…

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Fair Work Act and trading corporations

The Fair Work Act covers the employment of most Australian citizens. But there are exceptions. The reason that the Fair…

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Unfair dismissal; employee or contractor

This post contains an extract from a recent decision of the Fair Work Commission about the current tests to be…

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Unfair dismissal; who is protected?

An employee whose income exceeds the high income threshold (currently $142,000) is not protected under the Fair Work Act from…

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Stop bullying orders for the workplace; jurisdiction

The Fair Work Act covers national system employers and national system employees in the main. The Act does have some…

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Unfair dismissal; the complete defences

There are a number of statutory objections which an employer may make in responding to an unfair dismissal claim, which…

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Jurisdiction of the Fair Work Commission

The Fair Work Act 2009 operates principally, although not entirely, upon the employment relationship between employees and national system employers….

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The national fair work system; who is covered?

        The national fair work system covers employees of “national system employers”. In broad terms a national…

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Employee or contractor?; the test

The very significant difficulty of determining whether a relationship is one of employer and employee or principal and contractor is…

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Are company directors also employees?

Recently I have been surprised at the number of occasions when I have been required to sort out whether company…

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