When is a company liable for its staff’s actions

This extract from a recent Federal Court case contains a statement of the law which renders the actions of employees,…

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Unfair dismissal case procedures

Although unfair dismissal cases in the Fair Work Commission do not proceed in compliance with Australia’s laws of evidence, the…

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Modern award coverage; how to identify

This extract from a recent Federal Court decision in a general protections and award enforcement case sets out the principles…

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What is a genuine redundancy?

  Here is an excellent summary of the statutory elements of a genuine redundancy under the Fair Work Act. “Genuine…

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Genuine redundancy and unfair dismissal

An employer which terminates the employment of an employee as a “genuine redundancy” will have a complete jurisdictional defence to…

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WA mandatory vaccinations for mining sector

Last week the Western Australian Premier Mark McGowan announced new Covid 19 rules requiring mandatory vaccinations for, he said, fly…

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Adverse action and the reverse onus of proof

The following is a judgment of the Federal Court of Australia upholding an appeal brought against the dismissal of an…

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What are the legal elements of an employment relationship

There are occasions when it is quite difficult to determine from a legal perspective whether a relationship is that of…

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Are mandatory vaccinations in workplaces lawful and fair?

In a startlingly divergent decision of three members of the Fair Work Commission in an unfair dismissal case about whether…

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Unfair dismissal and forced resignations

This extract from a Fair Work Commission unfair dismissal decision contains a summary of the law relating to the circumstances…

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