Unfair dismissal; the small business code defence

As a senior member of the Fair Work Commission has pointed out in a recent decision of the Commission 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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True casuals not counted for unfair dismissal

A small business employer under the Fair Work Act is an employer which at the material time has fewer than…

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Unfair dismissals and small business employers; the law

The following extract from a recent unfair dismissal case in the Fair Work Commission sets out the law which should…

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Misconduct and the Small Business Fair Dismissal Code

The legal implications of serious misconduct and misconduct are different in unfair dismissal from those concepts depending upon whether employer…

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Small business fair dismissal code; warning must be clear

The Small Business Fair Dismissal Code provides that for a small business to be able to establish the jurisdictional defence…

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Unfair dismissal case summarized by Fair Work Commission

  This post is taken from a quarterly review of the Fair Work Commission and is its summary of a…

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Unfair dismissal by small business

A small business employer cannot rely upon the summary dismissal provisions of the Small Business Fair Dismissal Code (see below)…

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Unfair dismissal; related entities

Related entities and control The number of employees which an employer may have is sometimes critical to the issue of…

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Unfair dismissal and small business; serious misconduct

“The ‘Summary Dismissal’ section of the Code clearly applies to dismissals that have ‘immediate effect’ as that term is understood…

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