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Fair Work; unfair, wrongful and unlawful dismissals Part 3

Posted by Fair Work Legal Advice

· Sunday, April 9th, 2017

The general protections under the Fair Work Act are principally concerned with action which is taken by a constitutionally covered…

Probation in contemporary workplace relations

Posted by Fair Work Legal Advice

· Thursday, June 9th, 2016

I am often asked about the legal implications of an employee being “on probation”. Practically, in Western Australia, there are…

The need for meaningful warnings under the Small Business Fair Dismissal Code

Posted by Fair Work Legal Advice

· Tuesday, May 3rd, 2016

A small business employer (see other blogs as to what this means) cannot justify the dismissal of an employee on…

Counting employees in associated entities

Posted by Fair Work Legal Advice

· Monday, April 25th, 2016

For the purposes of determining whether an employer is a small business employer under the Fair Work Act, which has…

When will a demotion be a dismissal?

Posted by Fair Work Legal Advice

· Thursday, December 10th, 2015

When will a demotion be a dismissal? The plain words of s.386(2)(c) must be construed such that a demotion in…

Dismissals by small business; not as easy as you think

Posted by Fair Work Legal Advice

· Tuesday, November 3rd, 2015

The Small Business Fair Dismissal Code was declared by the Minister for Employment and Workplace Relations on 24 June 2009….

Oops; a slip of the tongue or old cobblers

Posted by Fair Work Legal Advice

· Sunday, October 25th, 2015

In Christie v Kennedys Personal Training Pty Ltd (2015) FWC 7274 delivered on 23 October 2015 Roe C of the…

Masterclass in how to decide unfair dismissal case

Posted by Fair Work Legal Advice

· Tuesday, August 4th, 2015

The approach taken to dissecting a small business dismissal in an unfair dismissal case is well illustrated by a clinical…

Smoke and mirrors; dismissal laws for small business

Posted by Fair Work Legal Advice

· Thursday, July 30th, 2015

It is well known that the Fair Work Act is intended to relieve small businesses of the same level of…

The “rubric of relevance”; how the small business fair dismissal code works

Posted by Fair Work Legal Advice

· Wednesday, July 15th, 2015

“The purpose behind the existence of the Small Business Fair Dismissal Code is to treat a dismissal as a fair…

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