This decision of the Fair Work Commission in a general protections’ case contains an excellent summary of the legal principles…
This decision of the Fair Work Commission in an unfair dismissal case deals with how to count length of service…
This is what the Fair Work Commission’s unfair dismissal benchbook says about calculating compensation for unfair dismissal. “Overview See Fair…
There is a legal distinction between an unfair and an unlawful dismissal in Australia. Unfair dismissal is the termination of…
This is what the Fair Work Commission publishes as a summary of the legal issues involving unlawful dismissal in its…
This is an extract from the Fair Work Commission’s general protections benchbook which deals with the provisions of the Fair…
This portion of a decision of the Federal Circuit Court in an “unlawful termination of employment” decision sets out a…
The Fair Work Act prohibits, amongst other things, an employer taking adverse action (which includes but is not limited to)…
The concept of unlawful dismissal in Australian employment law is discussed extensively throughout this web site. However here is an…
Yesterday I identified the provisions of the Fair Work Act which deal with unlawful termination of employment together with the…
- Abandoning employment (14)
- Absences from work (5)
- Accessorial liability (5)
- Adverse action (193)
- Age issues (2)
- Alcohol and the workplace (5)
- Alcohol testing (2)
- Allowances (4)
- Annual / Personal leave (12)
- Annualised wage (2)
- Appeals (36)
- Applying for job (1)
- Apprentices (1)
- Arbitration (2)
- Area and scope (1)
- Associated entities (8)
- Award and agreement free (3)
- Award classifications (1)
- Award coverage (29)
- Award entitlements (4)
- Bargaining (2)
- Bonuses (3)
- BOOT test (10)
- Breach of contract (16)
- Bullying at work (44)
- Burden of proof (12)
- Capacity for the job (14)
- Carer's leave (1)
- Caronavirus implications (9)
- Casual employees (99)
- Closing loopholes (1)
- Commission agent (1)
- Company directors (1)
- Compensation (Fair Work Act) (53)
- Compensation for unfair dismissal (145)
- Compliance (1)
- Conciliation (9)
- Conciliation conferences (13)
- Conditions of employment (15)
- Condonation (2)
- Condonation/tolerance (3)
- Conduct (5)
- Conferences (2)
- Confidential reports (1)
- Confidentiality obligations of employees (1)
- Consent arbitration (1)
- Constituional law principles (2)
- Constructive dismissal (149)
- Consultation required in the workplace (52)
- Continuity of service (3)
- Contract of employment terms (24)
- Contractor high income threshold (1)
- Contractor/Principal (14)
- Coronavirus (25)
- Costs (51)
- Covid19 (98)
- Criminal allegations (2)
- Criminal convictions and the workplace (10)
- Damages for wrongful dismissal (1)
- Date of dismissal (6)
- Deactivation cases (1)
- Deactivation remedies (2)
- Deductions from entitlements (1)
- Defending allegations (2)
- Demotion (24)
- Denied contractual benefits (2)
- Determinative conferences (1)
- Digital labour platforms (3)
- Disciplinary action in the workplace (1)
- Discretionary factors (5)
- Discrimination at work (49)
- Dismissal (61)
- Dismissal notice requirements (1)
- Dismissal or resignation (4)
- Dismissal procedures (36)
- Dismissal remedies (2)
- Dispute settlement procedures (5)
- Disputes with work colleagues (1)
- Dress codes in the workplace (1)
- Drivers' licences (1)
- Drug and alcohol policies (7)
- Drug and alcohol testing in the workplace (30)
- Duty of care in the workplace (1)
- Email and phone policies (2)
- Employed for specific task (1)
- Employee incentive schemes (1)
- Employee or contractor? (67)
- Employee or some other status (9)
- Employee records (2)
- Employee rights (10)
- Employee rights in a transfer of business (2)
- Employees' duties (11)
- Employer duties (2)
- Employer policies (29)
- Employment Advice (1)
- Employment contracts and fair work laws (44)
- Employment remuneration issues (1)
- Enforcing employment contracts (4)
- Enterprise agreements (55)
- Enterprise bargaining (15)
- Equal Opportunity in the workplace (11)
- Equal work equal pay orders (1)
- Evidence in the employment tribunals (62)
- Extended absences (1)
- Fair Work Act (19)
- Fair Work Commission practice direction (1)
- Fair Work Commission procedures (52)
- Fair work legal system (62)
- Fair Work Ombudsman (7)
- Fair Work procedures (62)
- Fair Work remedies (1)
- Fair Work time limits (7)
- Featured Posts (2,714)
- Federal Court jurisdiction under the Fair Work Act (21)
- Federal Courts (12)
- Fiduciary duties (1)
- Fitness for work (2)
- Fixed term employment contracts (21)
- Flexible working arrangements (9)
- Forced resignation (10)
- Foreign companies (1)
- Free speech in the workplace (4)
- Fringe benefits tax (1)
- Frustration (2)
- Frustration of contract (1)
- Gardening leave (3)
- Gender based workplace valuation (1)
- General News (2,784)
- General protections (446)
- General protections procedures (4)
- General protections' benchbook (2)
- Genuine redundancy (32)
- Gig economy workers (2)
- Gig workers (3)
- Government (1)
- Grounds for dismissal (5)
- Guarantee of annual earnings (2)
- Harassment at work (2)
- Harman undertaking (1)
- Heat of the moment resignations (2)
- High income threshold (70)
- Hiring employees (1)
- Hours of work (8)
- Identity of employer (1)
- Implied terms and conditions of employment and enforcement (23)
- Incapacity to work (1)
- Inconsistent treatment (1)
- Independent contractors (29)
- Independent medical examinations (1)
- Individual flexibility arrangements (1)
- Industrial action (22)
- Industrial torts (2)
- Inherent requirements (10)
- Inherent requirements of the job (34)
- Injunctions in the fair work system (28)
- Insolvency laws (1)
- Instructions by an employer (1)
- Interesting cases and reports about employment (21)
- Internet at work (1)
- Interpreting awards, enterprise agreements and contracts (37)
- Intractable bargaining declarations (1)
- JobKeeper (17)
- Judicial review (1)
- Jurisdiction (68)
- Jurisdictional disputes (2)
- Labour hire/ host empoyers (28)
- Lawful and reasonable directions (41)
- Leave (1)
- Legal issues in employment (4)
- Legal Professional Privilege in the fair work system (4)
- Legal representation in the Fair Work Commission (15)
- Length of service (23)
- Liability of employers (1)
- Loadings (2)
- Local governments (2)
- Long service leave (14)
- Lying in enterprise bargaining (1)
- Management prerogative (11)
- Managing unfair dismissal claims (1)
- Maximum term employment contracts (1)
- Medical appointments (1)
- Medical incapacity (1)
- Medicinal cannabis (2)
- Memes (1)
- Migration laws (1)
- Minimum employment periods (11)
- Misconduct (43)
- Misconduct out of hours (5)
- Mistakes (1)
- Mitigation (3)
- Model term for enterprise agreements (1)
- Modern awards (25)
- Multi-hiring arrangements (1)
- Multiple actions/ double dipping (6)
- National Employment Standards (NES) (9)
- National system employer (4)
- Natural justice/process (7)
- NES leave entitlements (2)
- NES paid leave (2)
- Newsletter (1)
- Notice of dismissal (1)
- Notice periods for termination of employment (19)
- Offer of alternative employment (3)
- Onus of proof in the fair work system (31)
- Out of hours conduct (9)
- Outer limits contracts (3)
- Overtime and ordinary hours (6)
- Paid family and domestic violence leave (1)
- Parental and maternity leave (11)
- Parental leave (13)
- Pay secrecy clauses (1)
- Payment of remuneration (4)
- Penalty rates (4)
- Performance (6)
- Performance and redundancy (1)
- Performance management (2)
- Pieceworkers (1)
- Policies (7)
- Position descriptions (1)
- Post employment conduct (4)
- Prescribed amount (2)
- Privacy in the workplace (9)
- Private conduct (2)
- Probation (3)
- Procedural fairness (52)
- Proportionality (5)
- Protected attributes (3)
- Protected industrial action (6)
- Protection from unfair dismissal (3)
- Public holidays (3)
- Public service (2)
- Qualifying periods of employment (1)
- Racism in the workplace (2)
- Reasonable adjustment (4)
- Reasons for dismissal (1)
- Recording conversations in the workplace (23)
- Recovering entitlements (7)
- Recovering loans from employees (1)
- Recruitment laws (4)
- Redeployment (15)
- Redundancy (342)
- Redundancy concepts (84)
- Regular and systematic casual employment (17)
- Regulated labour hire arrangements orders (4)
- Reinstatement (81)
- Related entities (7)
- Remedies (43)
- Remedies for unfair dismissal (8)
- Remedies in employment law (21)
- Representation in the Fair Work Commission (27)
- Repudiation of employment contracts (33)
- Resignation (59)
- Resources sector FIFO workers (1)
- Restraints of trade in the fair work system (43)
- Reverse onus of proof (7)
- Right to disconnect (4)
- Road transport (1)
- Road transport contractual chain (2)
- Rosters and working hours (1)
- Safety in the workplace (5)
- Safety sensitive industries (2)
- Salary, wages and remuneration (4)
- Sale/transfer of business (9)
- Seasonal employees (1)
- Secure Jobs Better Pay laws (1)
- Self incrimination (1)
- Senior employees (1)
- Serious misconduct (31)
- Set offs (15)
- Settlement deeds (27)
- Settlement terms for fair work disputes (24)
- Severance payments (1)
- Sexual harassment in the workplace (5)
- Sham arrangements (8)
- Shift work (1)
- Show cause letters and notices (2)
- Sick leave (5)
- Small Business Fair Dismissal Code (101)
- Small businesses (35)
- Social Media (2)
- Social media and texting (2)
- Social media in the workplace (10)
- Specific task (1)
- Staff identification (1)
- Stand downs (8)
- Standard of proof (18)
- Statutory construction (1)
- Statutory entitlements (2)
- Stay orders (2)
- Staying orders for appeals (5)
- Stop bullying cases (2)
- Summary dismissal (11)
- Summary/instant dismssal (2)
- Superannuation (4)
- Support person (18)
- Suppression orders in the Fair Work Commission (2)
- Surveillance in the workplace (5)
- Suspension (6)
- Tactics in unfair dismissal cases (1)
- Tax treatment of fair work settlements (3)
- Termination of employment (35)
- Termination of Employment and Probation (1)
- Termination of employment by small businesses (1)
- The Australian system of employment regulation (4)
- The Fair Work Act (11)
- Time limits (68)
- Trade unions (2)
- Transferring employees (3)
- Transmission/transfer of business (7)
- Tribunal procedures (2)
- Trust and confidence (1)
- Uncategorized (91)
- Unfair acvtivation (1)
- Unfair contract remedies (1)
- Unfair contracts (2)
- Unfair deactivation (3)
- Unfair dismissal (1,922)
- Unfair dismissal and small businesses (16)
- Unfair dismissal benchbook (2)
- Unfair redundancy (2)
- Unlawful dismissal/termination (20)
- Vaccinations and the workplace (65)
- Valid reason for dismissal (223)
- Varying contracts of employment in the workplace (8)
- Varying redundancy pay (2)
- Vicarious liability in the workplace (5)
- Visa workng rights (4)
- Vocational training (1)
- Voluntary Small Business Wage Compliance Code (1)
- Volunteers (4)
- Wages and salary (6)
- Warnings (14)
- Western Australia's general protections (3)
- Western Australian Industrial Relations Commission (11)
- What is a workplace right? (1)
- Whistleblower protection in the workplace (2)
- Withholding entitlements (1)
- Witness issues (1)
- Workers compensation and the fair work system (5)
- Workers overseas (1)
- Working from home rights (1)
- Workplace bullying (17)
- Workplace health and safety (3)
- Workplace instruments (1)
- Workplace investigations (3)
- Workplace laws (2)
- Workplace Rights (54)
- Workplace warnings (1)
- Wrongful dismissal (5)