Remedies; unfair dismissal; reinstatement, continuity of service

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

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Unfair dismissal for employers; remedies

Reinstatement is the primary statutory remedy for unfair dismissal but it is very rarely awarded by the Fair Work Commission…

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Unfair dismissal compensation and the parties at “breaking point”

When assessing compensation for unfair dismissal, the Fair Work Commission ordinarily follows a formula referred to by practitioners as Sprigg….

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Remedies for unfair dismissal; reinstatement

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

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Remedies for unfair dismissal; lost long service leave

It is a matter of some controversy whether the Fair Work Commission can or should include a component of lost…

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Remedies for unfair dismissal; lost pay

Where the Fair Work Commission orders reinstatement to an employee found to have been unfairly dismissed, it may also order…

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Remedies for unfair dismissal; lost pay

When reinstatement is ordered as the remedy for unfair dismissal, the Fair Work Commission may make an order to preserve…

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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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Unfair dismissal; reinstatement and compensation

The tactical perils of declining reinstatement Where an employee wins an unfair dismissal case, but has unreasonably refused to accept…

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Unfair dismissal; the remedies

Reinstatement The primary remedy for unfair dismissal is reinstatement (Fair Work Act, sub-sec 390(3)). If reinstatement is ordered, the Commission…

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