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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Unfair dismissal; the doctrine of repudiation explained

The common law doctrine of repudiation of contract is alive and well in the statutory fair work system. Where an…

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Fair work law in Australia and the High Court

Yesterday I published a post which pointed out the relationship between the doctrines of repudiation in contract law in Australia…

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The doctrines of repudiation and constructive dismissal

The doctrine of repudiation in the common law arises in the context of contract law. So where two parties have…

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When can an employer reduce wages?

Where an employer breaches an employment contract by unilaterally reducing an employee’s remuneration when the contract requires the consent of…

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Unfair dismissal; principles of constructive dismissal and repudiation

‘When faced with a repudiation of an employment contract by a contract-breaker, the innocent party may elect to accept the…

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Constructive dismissal may depend upon employer’s repudiation

The Fair Work Commission often asserts in its decisions on the jurisdictional question whether the termination of the employment of…

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Repudiation; what does it mean to fair work laws?

The common law doctrine of repudiation appears to me to be slipping increasingly into the fair work jurisdiction’s jargon. It…

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Will employer’s breach of contract release employee from post employment restraints?

Where an employer breaches a contract of employment in a fundamental and serious way, (for example by wrongfully dismissing an…

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Unfair dismissal; how a demotion becomes a dismissal

A decision by an employer to demote an employee including reducing his or her remuneration without consent will generally be…

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