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Remedies; unfair dismissal; reinstatement, continuity of service

Posted by Fair Work Legal Advice

· Friday, April 23rd, 2021

These passages from a recent decision of the Fair Work Commission express the legal principles which the Commission uses to…

Remedies for unfair dismissal; reinstatement

Posted by Fair Work Legal Advice

· Tuesday, December 29th, 2020

Although reinstatement is the primary remedy for unfair dismissal (despite it very rarely being ordered), it is regarded as being…

General protections and reinstatement

Posted by Fair Work Legal Advice

· Saturday, August 22nd, 2020

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

Reinstatement for unfair dismissal; the principles

Posted by Fair Work Legal Advice

· Friday, August 21st, 2020

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

Reinstatement for unfair dismissal; when and why

Posted by Fair Work Legal Advice

· Thursday, March 19th, 2020

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

Reinstatement for unfair dismissal

Posted by Fair Work Legal Advice

· Monday, March 2nd, 2020

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

Unfair dismissal and reinstatement

Posted by Fair Work Legal Advice

· Saturday, February 29th, 2020

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

Reinstatement for unfair dismissal

Posted by Fair Work Legal Advice

· Friday, December 13th, 2019

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

Reinstatement for unfair dismissal; the legal principles

Posted by Fair Work Legal Advice

· Friday, September 20th, 2019

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

Reinstatement for unfair dismissal; the issue of trust and confidence

Posted by Fair Work Legal Advice

· Saturday, June 1st, 2019

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

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