Convictions for offences and the workplace

There will be occasions when an employee’s conviction of an offence unconnected to a workplace (often referred to as “out…

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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…

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Unfair dismissal principles for employers

Recently there have been a spate of cases in the Fair Work Commission in which the Commission has held that…

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Unfair dismissal despite valid reason

The Fair Work Commission has held that an employer had a valid reason for dismissal an employee who, acting on…

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Using drugs at work a valid reason for dismissal

Ordinarily the unlawful use of prohibited drugs in the workplace will be regarded as a valid reason for dismissal, as…

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Dismissal may be unfair despite valid reason in Australian law

In an unfair dismissal case, there may well be factors, especially those personal to the applicant, which render the dismissal…

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What is a valid reason for dismissal in Australia

What is a valid reason for dismissal in Australia? Here is an extract from a Fair Work Commission case on…

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Unfair dismissal and valid reason

It is not the only consideration, but perhaps the most important when the Fair Work Commission determines whether the termination…

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Unfair dismissal and conduct post dismissal

Although rarely relied upon by the Fair Work Commission there is legal authority for the proposition that an employee’s conduct…

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Unfair dismissal not compensated by any relief

Yesterday I published a post about an unfair dismissal case in which the Fair Work Commission determined that an employer…

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