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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No valid reason for dismissal; what next?

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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Valid reason for dismissal does not render it fair

The dismissal of an employee where there is a perfectly valid reason does not guarantee that an employer will win…

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Employer policies; the fair work implications

Lawful and reasonable policies and directions; the fair work consequences It is accepted by fair work practitioners that a refusal…

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Unfair dismissals for performance management

When the Fair Work Commission determines whether an employee has been unfairly dismissed, perhaps the most important question the Commission…

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What is a valid reason for dismissal under the Fair Work Act?

Although it might be to slightly over simplify the process, the way in which the Fair Work Act instructs the…

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Capacity for the job and employer’s obligation to accommodate

An employer is entitled to dismiss an employee who for whatever reason if unconnected with the workplace is unable to…

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How can this be? To give notice or not to give notice?

An employer must have a valid reason for the dismissal of an employee protected from unfair dismissal, although it need…

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Honesty is the best policy; material lying to an employer will almost always justify dismissal

“Mr Adeley has, on his own admission, knowingly lied to his employer and to other third parties and, as a…

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