Dismissals by Facebook; oops

Yesterday, I posted a blog about the risks involved for employers who choose to terminate the employment of an employee…

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Dismissals by e-mail or text; very dangerous

The Fair Work Commission has repeatedly expressed its disapproval of a termination of employment being communicated to an employee other…

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Valid notice of termination of employment; the requirements

Here is an extract from a recent decision of the Federal Circuit Court of Australia about the statutory requirements which…

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Abandonment of employment

Although not common, every now and again I am asked to advise an employer about whether the employer can regard…

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Termination of employment vs termination of contract

In the Full Bench decision in Searle v Moly Mines Limited (2008) AIRCFB 1088 the distinction between the termination of…

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Drug and alcohol policies and the workplace

The Fair Work Commission has found a dismissal based upon an employee’s alleged failure to comply with what the employer…

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Notice and pay in lieu in Australian employment law

Sec 117 of the Fair Work Act (somewhat one-sidedly) contains a schedule of minimum periods of notice or pay in…

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Redundancy of position does not by itself terminate employment

The communication of a decision by an employer to an employee to the effect that the employer has made the…

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Dismissal will be unfair if no adequate hearing

What exactly is the obligation upon an employer to provide an employee with an opportunity to respond to an allegation…

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Beware the protesting employee before deeming abandonment of employment

An employer is exposed to substantial risk of losing an unfair dismissal case if it treats an employee as having…

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