Unfair dismissal; misconduct and serious misconduct

The concepts of “misconduct” and “serious misconduct” play significant but slight distinguishable roles in the unfair dismissal and fair work…

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How to defend an unfair dismissal case based upon conduct

This extract from a recent case of the Fair Work Commission contains a good and brief summary of the legal…

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Unfair dismissal and misconduct at work

This is a portion of a decision of the Fair Work Commission recently which sets out a summary of the…

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Long Service Leave and serious misconduct

Under most of the various State long service legislation an employer has the right to withhold paying pro rata long…

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Misconduct and unfair dismissal cases

How does the Fair Work Commission decide if conduct is misconduct? Here is the answer. “The Applicant was dismissed for…

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Serious misconduct issues in Fair Work Commission cases

In this recent case, the Fair Work Commission made observations about evidence issues when serious misconduct is an allegation in…

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Unfair dismissal; compensation despite “significant” misconduct

In what might by some be regarded as a controversial decision, a very experienced Commissioner of the Fair Work Commission…

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Remedies for unfair dismissal; reinstatement and misconduct

The following portion of a recent unfair dismissal case is a good starting point to understand the Fair Work Commission’s…

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Dismissal may be unfair even with misconduct; FW Commission

The Fair Work Commission may and sometimes does determine that the termination of the employment of an employee constitutes an…

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What is misconduct in an unfair dismissal case?

  How does the Fair Work Commission, in an unfair dismissal case, determine whether the employer has made out an…

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