Unfair dismissal; inherent requirements

In the event that an employee becomes unable to meet the inherent requirements of a job, whether by reason of…

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Unfair dismissal and misconduct

What follows is an extract from an important Fair Work Commission which sets out, in classic form, the elements of…

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Dismissal may be fair despite lack of consultation

It is reasonably well known that one of the statutory requirements of a genuine redundancy is that the employer must…

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Unfair dismissal; abandoning employment

When will an employee be regarded as having abandoned his or her employment? Here is an extract from a recent…

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When is an employee dismissed?

Here is an extract from a recent Fair Work Commission case which sets out the circumstances in which the Commission…

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Unfair dismissal and lawful and reasonable instructions

An employer is entitled to insist upon an employer complying with lawful and reasonable instructions, including to visit a medical…

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Long service leave and unfair dismissal

Long service leave is a creature of State legislation, not federal. In Wstern Australia, for example, and employer is not…

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General protections’ reverse onus of proof

“The statutory presumption The effect of s.361(1) is to establish a presumption of contravention which is capable of being overcome by a…

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Settlement agreements in the Fair Work Commission

The following extract from a recent decision of the Fair Work Commission in an unfair dismissal case reveals the difficulties…

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Unfair dismissal; how to calculate compensation

Here is an extract from a very recent Fair Work Commission unfair dismissal case which contains a classic assessment of…

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