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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Reinstatement for unfair dismissal

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

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Unfair dismissal; reinstatement options

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

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Reinstatement for unfair dismissal despite redundancy pay

In a recent unfair dismissal case decided by the Fair Work Commission, a dismissal brought about by what the employer…

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General protections claims; interim reinstatement

In a reasonably rare exercise of the Federal Court’s discretion to grant an urgent  injunction ordering the interim reinstatement of…

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Unfair dismissal; when will reinstatement be ordered

Where an employee wins a case of unfair dismissal, that is to say that where the Fair Work Commission  upholds…

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Unlawful dismissal; interim reinstatement orders

The following extract from a recent decision of the Federal Circuit Court of Australia deals with the principles which apply…

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Reinstatement for unfair dismissal

Reinstatement for unfair dismissal   The Fair Work Commission publishes what it calls an unfair dismissal benchbook, which is a…

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