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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Second job maybe grounds for fair dismissal

There are circumstances in which an employer may legitimately regard the holding of a second job by an employee as…

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Dismissal because unable to meet inherent job requirements

The Fair Work Commission will generally support the fairness of the dismissal of an employee where the employer can demonstrate…

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Unfair dismissal cases involving small businesses

What follows today is part of a classic Fair Work Commission unfair dismissal decision which  in my opinion is a…

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Unfair dismissal; valid reason for dismissal not always required

As is evident from the following extracts from a recent decision of the Fair Work Commission it is not strictly…

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Dismissal may be unfair even with misconduct; FW Commission

The Fair Work Commission may and sometimes does determine that the termination of the employment of an employee constitutes an…

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Unfair dismissal and work performance

When an employee is dismissed upon performance grounds, the Fair Work Commission in an unfair dismissal case will pay special…

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Unfair dismissal; the relevance of valid reason

Under the Fair Work Act, the Fair Work Commission when dealing with an unfair dismissal case is required to take…

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Unfair dismissal; what is a valid reason?

“Where the reason for the dismissal is misconduct, the Commission must be objectively satisfied that the misconduct occurred. However, as…

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Unfair dismissal; the elements of a case

The Fair Work Act expressly requires the Fair Work Commission in an unfair dismissal case to “take into account” a…

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