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Unfair dismissal and justice

Posted by Fair Work Legal Advice

· Saturday, April 10th, 2021

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

Unfair dismissal risks for employers

Posted by Fair Work Legal Advice

· Thursday, February 11th, 2021

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

Unfair dismissal; the relevance of procedural fairness

Posted by Fair Work Legal Advice

· Friday, February 28th, 2020

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

Unfair dismissal and procedural fairness

Posted by Fair Work Legal Advice

· Sunday, February 9th, 2020

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

Procedural fairness in the workplace

Posted by Fair Work Legal Advice

· Sunday, October 13th, 2019

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

Unfair dismissal; process is everything; well almost

Posted by Fair Work Legal Advice

· Tuesday, October 8th, 2019

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

Unfair dismissal and procedural fairness

Posted by Fair Work Legal Advice

· Thursday, September 26th, 2019

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

Unfair dismissal; honesty during employer investigation

Posted by Fair Work Legal Advice

· Wednesday, May 15th, 2019

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

Unfair dismissal and procedural fairness

Posted by Fair Work Legal Advice

· Thursday, April 18th, 2019

Many people who contact me, employees and employers are aware of the obligation upon an employer when terminating the employment…

Procedural fairness in unfair dismissal

Posted by Fair Work Legal Advice

· Thursday, February 28th, 2019

Section 387 of the Fair Work Act sets out a number of matters which the Fair Work Commission “must take…

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