Unfair dismissal and misconduct

What follows is an extract from an important Fair Work Commission which sets out, in classic form, the elements of…

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Dismissal unfair despite valid reason and misconduct

It is generally accepted that a dismissal of an employee without there being a valid reason for dismissal will inevitably…

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Unfair dismissal; serious misconduct and misconduct

The legal issue of what is meant by “misconduct” and “serious misconduct” in Australian workplace and fair work law is…

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Unfair dismissal perspectives; misconduct

Some harsh consequences of  a dismissal are irrelevant where there is a valid reason for the dismissal based on serious…

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Unfair dismissal and misconduct

Generally speaking, the more serious the misconduct alleged against an employee in an unfair dismissal case, the more stringent will…

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Serious misconduct and the doctrine of repudiation in the workplace

There are many instances where the Fair Work Commission has equated grave misconduct which justifies summary dismissal with the common…

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The bottom line test of misconduct justifying dismissal

Misconduct justifying dismissal is conduct so serious that it goes to the heart of the employment relationship Culpeper v Intercontinental Ship…

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The five standards of misconduct in fair work dismissals

As most Australians will be aware, an employer may terminate the employment of an employee where the employee has been…

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Serious misconduct and the Fair Work Act

Sec 12 of the the Fair Work Act 2009 provides that “serious misconduct’ has the meaning prescribed by the regulations….

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Dismissal for violence; no warning required

The Fair Work Act is consistently interpreted by the Fair Work Commission to require an employee to warn an employee…

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