Unfair dismissal; is there are valid reason?

The issue whether there is a valid reason for the dismissal of an employee whose employment is covered by the…

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Transfer of business for length of service in fair work law

The issue of whether there has been a transfer of business for the purposes of calculating length of service under…

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What is an unfair dismissal?

In an unfair dismissal case, the three main questions for determination are firstly whether there was a valid reason for…

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What is an unfair dismissal; the classic test

Here is the classic test which is applied by the Fair Work Commission, together with some others too, when determining…

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Unfair dismissal and age

As noted by Vice President Lawler in Sexton v Pacific National (ACT) Pty Ltd: 272 “Relevantly advanced age and long service can…

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Small business fair dismissal code; warning must be clear

The Small Business Fair Dismissal Code provides that for a small business to be able to establish the jurisdictional defence…

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Unfair dismissal; when to calculate the annual rate of earnings

A Full Bench of Fair Work Australia in decision in Zappia v Universal Music Australia Pty Ltd 6 said as follows; “On the…

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Unfair dismissal; qualifying period for protection

A period of unpaid personal leave taken by an employee during his or her employment will not count towards the…

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Unfair dismissal; discretionary payments and the high income threshold

“In Jenny Craig Weight Loss Centres Pty Ltd v Margolina 5 the Full Bench stated: “It seems clear enough that the legislature intended…

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Compensation for unfair dismissal and the statutory cap

Yesterday, I published a blog or post which was constituted by an entire decision of the Fair Work Commission on…

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