Small business dismissals and serious misconduct

This passage from a recent Fair Work Commission decision in an unfair dismissal case sets out the legal principles which…

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Long Service Leave and serious misconduct

Under most of the various State long service legislation an employer has the right to withhold paying pro rata long…

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What is serious misconduct in fair work law

Most Australians know that an employee can be lawfully and reasonably dismissed if he or she is guilty of serious…

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Unfair dismissal cases; what is serious misconduct?

Here is a passage from a Fair Work Commission unfair dismissal case which sets out what constitutes serious workplace misconduct….

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Serious misconduct issues in Fair Work Commission cases

In this recent case, the Fair Work Commission made observations about evidence issues when serious misconduct is an allegation in…

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Unfair dismissal; misconduct and small business employers

In an unfair dismissal case, the issue of dismissal for serious misconduct by a small business employer is approached quite…

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The concept of serious misconduct by an employee

It is not often that the Federal Court takes a look at the common aw principles which apply to contracts…

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Unfair dismissal; serious misconduct

REG 1.07 of the Fair Work Regulations defines “serious misconduct” as follows “Meaning of serious misconduct (1)  For the definition of serious misconduct in…

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Misconduct in unfair dismissal cases

What is the test of misconduct for the purposes of the dismissal of an employee? Here an extract from a…

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Unfair dismissal; what is serious misconduct?

“The relevance of the definition of “serious misconduct” in reg.1.07 to the matter is also, with respect, obscure. Section 12…

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