Unfair dismissal and extensions of time

Quite commonly, an employer will dismiss an employee on grounds of redundancy, and to the employee’s horror might then advertise…

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When is a casual employee dismissed?

Although a failure by an employer to offer a true casual employee shifts of work in economic stress may have…

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Unfair dismissal; the doctrine of abandoning employment

The doctrine of abandonment of employment is a tricky legal issue in employment law. The doctrine most commonly arises for…

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Unfair dismissal and out of hours conduct

It is not uncommon for the Fair Work Commission to be required to rule upon whether out of hours conduct…

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Unfair dismissal; employee, contractor, volunteer or friend?

The following extract from a recent decision of the Fair Work Commission is an excellent summary of the legal principle…

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Casual employees; what is regular and systematic?

Here is an excellent summary of the legal principles which apply when determining whether employment is regular and systematic for…

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Redundancy; what is other acceptable employment?

The Fair Work Act provides that an employer which is liable to pay statutory redundancy under the Act may apply…

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General protections and the reverse onus of proof

The general protections of the Fair Work Act operate on the basis of a statutory reverse onus of proof. In…

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Failure to consult may or may not render redundancy dismissal unfair

Although the Fair Work Act requires an employer which is seeking to rely upon the jurisdictional defence to an unfair…

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General protections process where constructive dismissal is alleged

I have been intrigued for some time now whether the concept of constructive dismissal has any role to play in…

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