The Fair Work Commission has determined that an aged residential care employee who had consistently for years refused to have…
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Curiously the legal issues of whether an employee has been dismissed, and when, are disputed reasonably often in the unfair…
What follows is an extract from a decision of the Fair Work Commission, which I have edited, which identifies the…
The difficulties of advising on the prospects of success of an unfair dismissal are enormous. Only practitioners who are experienced…
One of the circumstances in which Australian statutory employment law is prepared to treat a resignation as a termination of…
The following passage from a recent unfair dismissal decision of the Fair Work Commission is a very good and practical…
The relevance of warnings in unfair dismissal cases is a little obscure. “Warnings While it is clear that the Applicant…
Here, from a recent decision of the Fair Work Commission is a classic definition and explanation of a constructive dismissal….
The following principles lie at the heart of the Fair Work Commission’s approach to whether the termination of the employment…
The Fair Work Commission routinely rules that a dismissal is relevantly unfair (ie justifying of a remedy) if there are…
