The failure by an employer to facilitate an employee whose job is at risk having a meaningful opportunity of having…
Section 387 of the Fair Work Act 2009 provides that in considering whether it is satisfied that a dismissal was…
The Fair Work Act does not mandate that employers must offer an employee a support person when discussions are taking…
This passage from a Fair Work Commission unfair dismissal case sets out in very clear and simple terms the obligations…
This brief extract from a recent unfair dismissal decision sets out an employer’s obligations about support persons in a workplace…
Here is a brief explanation of the circumstances in which a support person (or lack thereof) may be a relevant…
In an unfair dismissal case the Fair Work Commission is bound by the Fair Work Act to take into account…
Support persons are recognized by the Fair Work Act, but there a responsibilities which go with it. “Support persons have…
“Where an employee protected from unfair dismissal has requested a support person be present to assist in discussions relating to…
The role of a support person in the fair work system is generally limited to the provision of moral and…
- Abandoning employment (14)
- Absences from work (5)
- Accessorial liability (5)
- Adverse action (193)
- Age issues (2)
- Alcohol and the workplace (5)
- Alcohol testing (2)
- Allowances (4)
- Annual / Personal leave (12)
- Annualised wage (2)
- Appeals (36)
- Applying for job (1)
- Apprentices (1)
- Arbitration (2)
- Area and scope (1)
- Associated entities (8)
- Award and agreement free (3)
- Award classifications (1)
- Award coverage (29)
- Award entitlements (4)
- Bargaining (2)
- Bonuses (3)
- BOOT test (10)
- Breach of contract (16)
- Bullying at work (44)
- Burden of proof (12)
- Capacity for the job (14)
- Carer's leave (1)
- Caronavirus implications (9)
- Casual employees (99)
- Closing loopholes (1)
- Commission agent (1)
- Company directors (1)
- Compensation (Fair Work Act) (53)
- Compensation for unfair dismissal (145)
- Compliance (1)
- Conciliation (9)
- Conciliation conferences (13)
- Conditions of employment (15)
- Condonation (2)
- Condonation/tolerance (3)
- Conduct (5)
- Conferences (2)
- Confidential reports (1)
- Confidentiality obligations of employees (1)
- Consent arbitration (1)
- Constituional law principles (2)
- Constructive dismissal (149)
- Consultation required in the workplace (52)
- Continuity of service (3)
- Contract of employment terms (24)
- Contractor high income threshold (1)
- Contractor/Principal (14)
- Coronavirus (25)
- Costs (51)
- Covid19 (98)
- Criminal allegations (2)
- Criminal convictions and the workplace (10)
- Damages for wrongful dismissal (1)
- Date of dismissal (6)
- Deactivation cases (1)
- Deactivation remedies (2)
- Deductions from entitlements (1)
- Defending allegations (2)
- Demotion (24)
- Denied contractual benefits (2)
- Determinative conferences (1)
- Digital labour platforms (3)
- Disciplinary action in the workplace (1)
- Discretionary factors (5)
- Discrimination at work (49)
- Dismissal (61)
- Dismissal notice requirements (1)
- Dismissal or resignation (4)
- Dismissal procedures (36)
- Dismissal remedies (2)
- Dispute settlement procedures (5)
- Disputes with work colleagues (1)
- Dress codes in the workplace (1)
- Drivers' licences (1)
- Drug and alcohol policies (7)
- Drug and alcohol testing in the workplace (30)
- Duty of care in the workplace (1)
- Email and phone policies (2)
- Employed for specific task (1)
- Employee incentive schemes (1)
- Employee or contractor? (67)
- Employee or some other status (9)
- Employee records (2)
- Employee rights (10)
- Employee rights in a transfer of business (2)
- Employees' duties (11)
- Employer duties (2)
- Employer policies (29)
- Employment Advice (1)
- Employment contracts and fair work laws (44)
- Employment remuneration issues (1)
- Enforcing employment contracts (4)
- Enterprise agreements (55)
- Enterprise bargaining (15)
- Equal Opportunity in the workplace (11)
- Equal work equal pay orders (1)
- Evidence in the employment tribunals (62)
- Extended absences (1)
- Fair Work Act (19)
- Fair Work Commission practice direction (1)
- Fair Work Commission procedures (52)
- Fair work legal system (62)
- Fair Work Ombudsman (7)
- Fair Work procedures (62)
- Fair Work remedies (1)
- Fair Work time limits (7)
- Featured Posts (2,714)
- Federal Court jurisdiction under the Fair Work Act (21)
- Federal Courts (12)
- Fiduciary duties (1)
- Fitness for work (2)
- Fixed term employment contracts (21)
- Flexible working arrangements (9)
- Forced resignation (10)
- Foreign companies (1)
- Free speech in the workplace (4)
- Fringe benefits tax (1)
- Frustration (2)
- Frustration of contract (1)
- Gardening leave (3)
- Gender based workplace valuation (1)
- General News (2,784)
- General protections (446)
- General protections procedures (4)
- General protections' benchbook (2)
- Genuine redundancy (32)
- Gig economy workers (2)
- Gig workers (3)
- Government (1)
- Grounds for dismissal (5)
- Guarantee of annual earnings (2)
- Harassment at work (2)
- Harman undertaking (1)
- Heat of the moment resignations (2)
- High income threshold (70)
- Hiring employees (1)
- Hours of work (8)
- Identity of employer (1)
- Implied terms and conditions of employment and enforcement (23)
- Incapacity to work (1)
- Inconsistent treatment (1)
- Independent contractors (29)
- Independent medical examinations (1)
- Individual flexibility arrangements (1)
- Industrial action (22)
- Industrial torts (2)
- Inherent requirements (10)
- Inherent requirements of the job (34)
- Injunctions in the fair work system (28)
- Insolvency laws (1)
- Instructions by an employer (1)
- Interesting cases and reports about employment (21)
- Internet at work (1)
- Interpreting awards, enterprise agreements and contracts (37)
- Intractable bargaining declarations (1)
- JobKeeper (17)
- Judicial review (1)
- Jurisdiction (68)
- Jurisdictional disputes (2)
- Labour hire/ host empoyers (28)
- Lawful and reasonable directions (41)
- Leave (1)
- Legal issues in employment (4)
- Legal Professional Privilege in the fair work system (4)
- Legal representation in the Fair Work Commission (15)
- Length of service (23)
- Liability of employers (1)
- Loadings (2)
- Local governments (2)
- Long service leave (14)
- Lying in enterprise bargaining (1)
- Management prerogative (11)
- Managing unfair dismissal claims (1)
- Maximum term employment contracts (1)
- Medical appointments (1)
- Medical incapacity (1)
- Medicinal cannabis (2)
- Memes (1)
- Migration laws (1)
- Minimum employment periods (11)
- Misconduct (43)
- Misconduct out of hours (5)
- Mistakes (1)
- Mitigation (3)
- Model term for enterprise agreements (1)
- Modern awards (25)
- Multi-hiring arrangements (1)
- Multiple actions/ double dipping (6)
- National Employment Standards (NES) (9)
- National system employer (4)
- Natural justice/process (7)
- NES leave entitlements (2)
- NES paid leave (2)
- Newsletter (1)
- Notice of dismissal (1)
- Notice periods for termination of employment (19)
- Offer of alternative employment (3)
- Onus of proof in the fair work system (31)
- Out of hours conduct (9)
- Outer limits contracts (3)
- Overtime and ordinary hours (6)
- Paid family and domestic violence leave (1)
- Parental and maternity leave (11)
- Parental leave (13)
- Pay secrecy clauses (1)
- Payment of remuneration (4)
- Penalty rates (4)
- Performance (6)
- Performance and redundancy (1)
- Performance management (2)
- Pieceworkers (1)
- Policies (7)
- Position descriptions (1)
- Post employment conduct (4)
- Prescribed amount (2)
- Privacy in the workplace (9)
- Private conduct (2)
- Probation (3)
- Procedural fairness (52)
- Proportionality (5)
- Protected attributes (3)
- Protected industrial action (6)
- Protection from unfair dismissal (3)
- Public holidays (3)
- Public service (2)
- Qualifying periods of employment (1)
- Racism in the workplace (2)
- Reasonable adjustment (4)
- Reasons for dismissal (1)
- Recording conversations in the workplace (23)
- Recovering entitlements (7)
- Recovering loans from employees (1)
- Recruitment laws (4)
- Redeployment (15)
- Redundancy (342)
- Redundancy concepts (84)
- Regular and systematic casual employment (17)
- Regulated labour hire arrangements orders (4)
- Reinstatement (81)
- Related entities (7)
- Remedies (43)
- Remedies for unfair dismissal (8)
- Remedies in employment law (21)
- Representation in the Fair Work Commission (27)
- Repudiation of employment contracts (33)
- Resignation (59)
- Resources sector FIFO workers (1)
- Restraints of trade in the fair work system (43)
- Reverse onus of proof (7)
- Right to disconnect (4)
- Road transport (1)
- Road transport contractual chain (2)
- Rosters and working hours (1)
- Safety in the workplace (5)
- Safety sensitive industries (2)
- Salary, wages and remuneration (4)
- Sale/transfer of business (9)
- Seasonal employees (1)
- Secure Jobs Better Pay laws (1)
- Self incrimination (1)
- Senior employees (1)
- Serious misconduct (31)
- Set offs (15)
- Settlement deeds (27)
- Settlement terms for fair work disputes (24)
- Severance payments (1)
- Sexual harassment in the workplace (5)
- Sham arrangements (8)
- Shift work (1)
- Show cause letters and notices (2)
- Sick leave (5)
- Small Business Fair Dismissal Code (101)
- Small businesses (35)
- Social Media (2)
- Social media and texting (2)
- Social media in the workplace (10)
- Specific task (1)
- Staff identification (1)
- Stand downs (8)
- Standard of proof (18)
- Statutory construction (1)
- Statutory entitlements (2)
- Stay orders (2)
- Staying orders for appeals (5)
- Stop bullying cases (2)
- Summary dismissal (11)
- Summary/instant dismssal (2)
- Superannuation (4)
- Support person (18)
- Suppression orders in the Fair Work Commission (2)
- Surveillance in the workplace (5)
- Suspension (6)
- Tactics in unfair dismissal cases (1)
- Tax treatment of fair work settlements (3)
- Termination of employment (35)
- Termination of Employment and Probation (1)
- Termination of employment by small businesses (1)
- The Australian system of employment regulation (4)
- The Fair Work Act (11)
- Time limits (68)
- Trade unions (2)
- Transferring employees (3)
- Transmission/transfer of business (7)
- Tribunal procedures (2)
- Trust and confidence (1)
- Uncategorized (91)
- Unfair acvtivation (1)
- Unfair contract remedies (1)
- Unfair contracts (2)
- Unfair deactivation (3)
- Unfair dismissal (1,922)
- Unfair dismissal and small businesses (16)
- Unfair dismissal benchbook (2)
- Unfair redundancy (2)
- Unlawful dismissal/termination (20)
- Vaccinations and the workplace (65)
- Valid reason for dismissal (223)
- Varying contracts of employment in the workplace (8)
- Varying redundancy pay (2)
- Vicarious liability in the workplace (5)
- Visa workng rights (4)
- Vocational training (1)
- Voluntary Small Business Wage Compliance Code (1)
- Volunteers (4)
- Wages and salary (6)
- Warnings (14)
- Western Australia's general protections (3)
- Western Australian Industrial Relations Commission (11)
- What is a workplace right? (1)
- Whistleblower protection in the workplace (2)
- Withholding entitlements (1)
- Witness issues (1)
- Workers compensation and the fair work system (5)
- Workers overseas (1)
- Working from home rights (1)
- Workplace bullying (17)
- Workplace health and safety (3)
- Workplace instruments (1)
- Workplace investigations (3)
- Workplace laws (2)
- Workplace Rights (54)
- Workplace warnings (1)
- Wrongful dismissal (5)