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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Misconduct and the Small Business Fair Dismissal Code

The legal implications of serious misconduct and misconduct are different in unfair dismissal from those concepts depending upon whether employer…

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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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