Discrimination in workplace law; the very fine line

  “Counsel for the applicant submits the following: “…the applicant sitting near the front of the sales meeting on 11…

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Interpreting enterprise agreements; the principles

What are the legal principles which apply when interpreting an enterprise agreement? Here is an answer. “Principles of Construction The…

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Unfair dismissal and training and vocational arrangements

This is what the Fair Work Commission’s benchbook says about unfair dismissal and training and vocational arrangements. The benchbook is…

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Unfair dismissals and small business employers; the law

The following extract from a recent unfair dismissal case in the Fair Work Commission sets out the law which should…

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Fair work tests; employee or contractor?

  Here is an excellent extract from a decision of the Federal Circuit Court in a general protections claim which…

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Gardening leave and the general protections

It is quite common for employees to be sent off on gardening leave, by which idiom is meant that an…

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Who to believe in an unfair dismissal case?

Most legal cases which are contested involve differing evidence as to the relevant facts. Thus in most cases including unfair…

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Misconduct and the Small Business Fair Dismissal Code

The legal implications of serious misconduct and misconduct are different in unfair dismissal from those concepts depending upon whether employer…

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Appeals in the Fair Work Commission

An appeal cannot lie from a decision of the Fair Work Commission unless it is the public interest. How does…

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Unfair dismissal; what is a valid reason

What is a valid reason for a dismissal? “In order to be a valid reason, the reason for the dismissal…

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