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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Fair work laws; summary dismissal

The issue of the entitlement of an employer to dismiss an employee summarily, that is to say without notice, and…

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Unfair dismissal and serious misconduct

It is generally accepted by Australian workplace relations’ practitioners that serious misconduct will provide an employer with justification to summarily…

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Termination of employment for serious misconduct

It does not follow that the Fair Work Commission will always uphold a dismissal for serious misconduct. “[38] We regard…

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Unfair dismissal, small business and serious misconduct

The following extract from a recent Fair Work Commission decision is a good analysis of the relationship between termination of…

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Unfair dismissal and serious misconduct

  The meaning of “serious misconduct” by an employee in Australian employment law is plagued by controversy and uncertainty. This…

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Unfair dismissals and serious misconduct

Sec 12 of the Fair Work Act 2009 provides that “serious misconduct has the meaning prescribed by the regulations. Regulation…

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