General protections and reinstatement

There have been very few general protections’ cases in which an applicant succeeds in obtaining reinstatement of employment. Her is…

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Reinstatement for unfair dismissal; the principles

Here is an extract from a recent decision of the Fair Work Commission which sets out the legal principles which…

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Reinstatement for unfair dismissal; when and why

Reinstatement is supposed to be the primary remedy for unfair dismissal under the Fair Work Act, but it is more…

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Reinstatement for unfair dismissal

Here is a brief statement from an unfair dismissal case in the Fair Work Comission which defines the concept of…

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Unfair dismissal and reinstatement

The Fair Work Commission will not respect the view of an employer which loses an unfair dismissal case and opposes…

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Reinstatement for unfair dismissal

Here is an extract from a recent decision of the Fair Work Commission in an unfair dismissal case which starkly…

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Reinstatement for unfair dismissal; the legal principles

“Section 390(3)(a) of the FW Act states that the Commission must not order the payment of compensation unless it is…

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Reinstatement for unfair dismissal; the issue of trust and confidence

The Fair Work Act requires the Fair Work Commission to consider reinstatement as its primary remedy where it determines that…

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Reinstatement must be unqualified

In Cartisano v Sportsmed SA Hospitals Pty Ltd (2015) FWCFB 1523 a Full Bench of the Fair Work Commission rule that,…

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Interim reinstatement orders in general protections’ cases

The Federal Court and the Federal Circuit Court of Australia each has the power to order the interim reinstatement of…

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