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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Unfair dismissal; reinstatement principles

Although the Fair Work Act commands the Fair Work Commission to order the reinstatement of an employee found to have…

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Reinstatement and trust and confidence

One of the issues with which the Fair Work Commission is concerned when determining whether to order the reinstatement of…

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Unfair dismissal; reinstatement despite “bruising”

Reinstatement is the primary remedy for unfair dismissal under both the Fair Work Act and the Western Australian Industrial Relations…

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Remedies for unfair dismissal

The primary remedy for unfair dismissal is reinstatement. I say this because that is what is commanded by the Fair…

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The legal concept of trust and confidence in employment law

Although the High Court of Australia has rejected the implication of a mutual condition of trust and confidence as an…

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