Drug testing in the workplace and unfair dismissal

The following is a lengthy extract from a recent unfair dismissal case decided by the Fair Work Commission about the…

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Unfair dismissal and when the dismissal occurred

It is often critical that the date of a dismissal be determined correctly for the purposes of the Fair Work…

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Procedural fairness in terminations of employment

The termination of the employment of an employee may be regarded as relevantly unfair by the Fair Work Commission even…

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How to defend an unfair dismissal case based upon conduct

This extract from a recent case of the Fair Work Commission contains a good and brief summary of the legal…

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Settlement agreements for unfair dismissal cases

An in-principle settlement agreement of an unfair dismissal case will not be regarded as binding upon the parties until it…

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Show cause letters in the fair work system

This section of a recent unfair dismissal decision by the Fair Wok Commission is a good summary of the Fair…

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Legal costs of fair work cases

As a general rule it is almost impossible to obtain an order from the Fair Work Commission requiring the loser…

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High income threshold and bonuses

“Consideration In essence, whether the Applicant’s annual earnings exceed the high income threshold turns on whether the payments were able…

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Unfair dismissal and reinstatement of job

Reinstatement of employment as a remedy for unfair dismissal is very rare; here is an extract from a recent decision…

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Unfair dismissal; being a smart alec does not validate dismissal

It is not a valid reason for dismissal that an employee may be a smart alec. “Conclusion [140] In many respects…

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