Time limits for unfair dismissal

  Here is a decision of a senior member of the Fair Work Commission refusing to extend the statutory time…

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Onus of proof issues in general protections cases

The following passage from a recent general protections case determined by the Federal Court is a practical and helpful guide…

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Adverse action in workplace law

Here is an excellent analysis of the legal principles which apply to the cause of action known as adverse action…

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General protections cases and rules of evidence

In general protections’ cases, the outcome  will often depend upon whether the respondent (normally an employer) is able to discharge…

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Unfair dismissal cases based on resignations

The Fair Work Act provides that a person is to be regarded as having been dismissed if either the person’s…

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Covid lock downs and workplaces

As a matter of ordinary contract law, it is likely that in most circumstances during the Covid 19 pandemic, an…

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What is a transfer of business under the Fair Work Act

For the purposes of the Fair Work Act, a transfer of business occurs when (a) the employment of an employee…

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Fair work cases; employee or contractor?

Australian law has developed a number of legal tests which are of assistance to the courts and tribunals when determining…

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Fair work time limits for applications

As these passages from an unfair dismissal case decision make clear, it is very, very difficult to gain an extension…

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Constructive dismissal, bullying and performance management

While performance management by an employer of an employee can be very distressing for the employee, if it capable of…

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