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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…

Reinstatement must be unqualified

Posted by Fair Work Legal Advice

· Thursday, May 16th, 2019

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

Interim reinstatement orders in general protections’ cases

Posted by Fair Work Legal Advice

· Tuesday, April 30th, 2019

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

Reinstatement for unfair dismissal

Posted by Fair Work Legal Advice

· Thursday, April 25th, 2019

Effectively there is a presumption under the Fair Work Act to the effect that an employee who wins an unfair…

Unfair dismissal; reinstatement options

Posted by Fair Work Legal Advice

· Tuesday, February 19th, 2019

In recent Fair Work Commission decision in an unfair dismissal case a Commissioner held that there was a valid reason…

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