Unfair dismissal; constructive dismissal and repudiation

The common law legal doctrines of repudiation and constructive dismissal are alive and well in fair work law, despite not…

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Constructive unfair dismissal; the doctrine of repudiation

Conduct by an employer which is fundamentally inconsistent with the contract of employment of an employee will, if it amounts…

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Unfair dismissal and gardening leave

The New South Wales Supreme Court has held that it is lawful to send an employee who has provided the…

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Unfair dismissal by demotion

Unfair dismissal; when a demotion will be a dismissal As a general principle, conduct by an employer which constitutes “a…

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Unfair dismissal; the concept of repudiation

There concept of a “dismissal” is obviously a profound aspect of workplace relations laws in Australia. Self-evidently, it is at…

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Unfair dismissal and demotion Part 3

Unfair dismissal and demotion Part 3 This is the third in a series of three posts which deals with the…

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Unfair dismissal and demotion Part 2

Unfair dismissal and demotion Part 2 Yesterday, I posted a blog about the surprising numbers of ways in which Australian…

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Unfair dismissal and demotion Part 1

Unfair dismissal and demotion Part 1 It will come as a surprise to some to learn that in Australia conduct…

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Unfair dismissal; repudiation and constructive dismissal

It is reasonably common for an employer to seek to legislate a reduction in employment standards upon an employee against…

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Serious misconduct and the doctrine of repudiation in the workplace

There are many instances where the Fair Work Commission has equated grave misconduct which justifies summary dismissal with the common…

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