Unfair dismissal and compensation in lieu of reinstatement

What follows is an extract from a recent unfair dismissal case in the Fair Work Commission which is an excellent…

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Compensation for unfair dismissal; the legal principles

“When determining compensation for unfair dismissal, the Fair Work Commission applies what is called the “Sprigg formula”, one of the…

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Unfair dismissal and abandonment of employment

An employer will be safe to treat the employment relationship with an employee as at an end if the conduct…

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Unfair dismissal; compensation despite “significant” misconduct

In what might by some be regarded as a controversial decision, a very experienced Commissioner of the Fair Work Commission…

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Unfair dismissal and regular and systematic work

There are various implications under the Fair Work Act depending upon whether the work of an employee is “regular and…

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Unfair dismissal; transfer of employment and length of service

Under the Fair Work Act, a new employer is obliged to notify a transferring employee in a transfer of employment…

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How to treat allowances for the high income threshold

How to treat allowances for the purposes of the high income threshold. The following is a very useful analysis of…

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Termination of employment; what is a dismissal?

It is surprising how many legally recognized variations on a dismissal there are in employment law; for example, constructive dismissal,…

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Unfair dismissal and fighting by employees

Fighting between work colleagues will not ordinarily constitute a valid reason for the dismissal of a participant unless there is…

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Unfair dismissal cases and criminal charges

In a recent decision of the Fair Work Commission in a pending unfair dismissal case, the Commission reviewed the principles…

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