Unfair dismissal and an employer’s mandatory processes

Although a reasonably rare issue, there are occasions when the Fair Wok Commission may find that a dismissal is relevantly…

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Fair work advice; unfair dismissal

The failure by an employer to conduct a proper fair investigation into an allegation of misconduct by an employee may…

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Unfair dismissal and justice

Under the Fair Work Act, the Fair Work Commission is required in an unfair dismissal case to consider whether the…

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Unfair dismissal risks for employers

The Fair Work Commission routinely rules that a dismissal is relevantly unfair (ie justifying of a remedy) if there are…

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Unfair dismissal; the relevance of procedural fairness

Whether there is a valid reason for a dismissal of an employee is perhaps the most important issue in an…

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Unfair dismissal and procedural fairness

“In some circumstances procedural deficiencies may result in the Commission concluding a particular dismissal was either harsh, unjust or unreasonable…

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Procedural fairness in the workplace

Investigations conducted by employers which may lead to the dismissal of an employee must be conducted in a reasonable and…

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Unfair dismissal; process is everything; well almost

A dismissal may be found to be relevantly unfair by the Fair Work Commission if there is a meaningful defect…

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Unfair dismissal and procedural fairness

Here is an extract from a recent decision of the Fair Work Commission which highlights the importance of a finding…

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Unfair dismissal; honesty during employer investigation

In Butler v City of Wanneroo (2015) FWC 8 January 2015 the relevance of dishonesty by an employee during the…

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