Fair work law; length of service vs employment

The distinction between a period of service and a period of employment is important in various areas of employment law,…

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Unfair dismissal and length of service with employer

Will former service be counted for the minimum employment period to be protected from unfair dismissal? Probably not. “As I…

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Unfair dismissal; transfer of employment and length of service

Under the Fair Work Act, a new employer is obliged to notify a transferring employee in a transfer of employment…

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Unfair dismissal; qualifying period for protection

A period of unpaid personal leave taken by an employee during his or her employment will not count towards the…

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Protection from unfair dismissal; length of service Part 2

To be protected from unfair dismissal under the Fair Work Act (different considerations apply to other jurisdictions such as the…

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Protection from unfair dismissal; length of service Part 1

There are a number of conditions which an employee must meet to be protected from unfair dismissal under the Fair…

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Calculating length of service for casual employees

“Recently, in Nehemiah Kamanda v House with No Steps [2016] FWC 767, Commissioner Saunders correctly and usefully articulated the relevant…

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The legal fiction that is the contrived device of continuity of service

Under the Fair Work Act, it is provided that if there is a “transfer of business” , then the transfer…

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