Covid 19, vaccines and the workplace

The Fair Work Commission has determined that an aged residential care employee who had consistently for years refused to have…

Read More →

Fair work cases; what is a dismissal?

Curiously the legal issues of whether an employee has been dismissed, and when, are disputed reasonably often in the unfair…

Read More →

Template for unfair dismissal case

What follows is an extract from a decision of the Fair Work Commission, which I have edited, which identifies the…

Read More →

Unfair dismissal; who will win a case?

The difficulties of advising on the prospects of success of an unfair dismissal are enormous. Only practitioners who are experienced…

Read More →

Constructive dismissal in workplace law

One of the circumstances in which Australian statutory employment law is prepared to treat a resignation as a termination of…

Read More →

Unfair dismissal and resignations

The following passage from a recent unfair dismissal decision of the Fair Work Commission is a very good and practical…

Read More →

Unfair dismissal and warnings

The relevance of warnings in unfair dismissal cases is a little obscure. “Warnings While it is clear that the Applicant…

Read More →

Unfair dismissal; a classic definition of constructive dismissal

Here, from a recent decision of the Fair Work Commission is a classic definition and explanation of a constructive dismissal….

Read More →

Unfair dismissal issues for employees

The following principles lie at the heart of the Fair Work Commission’s approach to whether the termination of the employment…

Read More →

Unfair dismissal risks for employers

The Fair Work Commission routinely rules that a dismissal is relevantly unfair (ie justifying of a remedy) if there are…

Read More →