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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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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