Genuine redundancies; when must an employer consult?

One of the grounds which an employer must make out when seeking to establish the jurisdictional defence to an unfair…

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Dismissal or resignation; you be the judge

Here is a passage from one of the very rare cases in which an employee has succeeded in demonstrating in…

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Evidence in employment law cases

In ordinary civil legal cases in Australia there is a general rule to the effect that a failure by a…

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Compensation for unfair dismissal; how to calculate

“This extract from a recent unfair dismissal case is an excellent summary of the way in which compensation for unfair…

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Extension of time for unfair and GP claims for dismissals

Under the provisions of the Fair Work Act, the Fair Work Commission is not permitted to grant a former employee…

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What is a valid reason for a dismissal

Here is a passage from a recent decision of the Fair Work Commission which sets out the legal principles which…

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Fair work cases; forced dismissal

It is quite common for people to refer to a “forced dismissal” and that term is used by a Deputy…

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Small business dismissals and serious misconduct

This passage from a recent Fair Work Commission decision in an unfair dismissal case sets out the legal principles which…

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Unfair dismissal; what is a lawful and reasonable instruction?

An employer may insist upon its employees complying with lawful and reasonable instructions. What constitutes a lawful and reasonable instruction?…

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Unfair dismissal settlements at conciliation

It is quite common for parties to reach a settlement of an unfair dismissal claim at conciliation but for one…

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