Unfair dismissal and the right to defence

The right of an employee to respond to and defend allegations which might lead to the termination of the employee’s…

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Termination of employment; what are the steps required

Unfair dismissal and procedural fairness I am often advised by employee clients that he or she was dismissed in the…

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Unfair dismissal; procedural fairness

    There is no doubt that the Fair Work Commission is a legal jurisdiction about which it is difficult…

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Unfair dismissal because of defective process

Today I am publishing a post which is essentially a copy and paste of an extract from a very recent…

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Unfair dismissal; the opportunity to defend

Sec 387 of the Fair Work Act sets out some mandatory considerations which the Fair Work Commission must have regard…

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Unfair dismissals and procedural fairness

We all know that an employer is bound to comply with what is often called “procedural fairness” when undertaking a…

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The procedural fairness requirements for an effective dismissal

Most Australians comprehend that an employer must provide a degree of fairness when dismissing an employee from his or her…

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Unfair dismissal; the right to defend

In unfair dismissal cases, a failure or refusal by an employer to afford a dismissed employee a fair and reasonable…

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How can this be? To give notice or not to give notice?

An employer must have a valid reason for the dismissal of an employee protected from unfair dismissal, although it need…

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Procedural fairness not necessarily required

The Commission has also held, in relation to matters of misconduct generally, that in circumstances in which procedural faults are…

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