Dismissal unfair despite valid reason and misconduct

It is generally accepted that a dismissal of an employee without there being a valid reason for dismissal will inevitably…

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Misconduct and valid reason for dismissal

Not all cases of misconduct by an employee will constitute a valid reason for dismissal. B, C and D should not…

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What is a valid reason for dismissal?

“At the same time the reason must be valid in the context of the employee’s capacity or conduct or based…

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No valid reason for dismissal if it is capricious and spiteful

One of the most important issues for the Fair Work Commission when deciding whether the termination of the employment of…

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Unfair dismissal; what is a valid reason?

What is a valid reason for dismissal? Here is an extract from a decision of the Fair Work Commission in…

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When is a termination of employment an unfair dismissal?

There are two main steps in assessing whether a termination of employment is an unfair dismissal. The first issue is…

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What is unfair dismissal

For a termination of employment not to be relevantly unfair under the Fair Work Act in the eyes of the…

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Unfair dismissal; is a valid reason enough?

“The absence of a valid reason for dismissal will almost always but not always be fatal to an employer’s position….

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Unfair dismissal; instant or on notice?

The effectively subjective discretion which the Fair Work Commission exercises when determining whether there is a valid reason for the…

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Termination of employment; what is a valid reason?

For the termination of employment of employees by non-small business employers in a non genuine redundancy  situations and which operate…

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