Unfair dismissal and procedural fairness

Many people who contact me, employees and employers are aware of the obligation upon an employer when terminating the employment…

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Fair Work general protections; adverse action

The general protections of the Fair Work Act provide that it is unlawful for an employer (and others in certain…

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Unfair dismissal; consultation must be genuine and real

A senior member of the Fair Work Commission has held that the consultation obligations upon an employer by a modern…

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Associated entities in unfair dismissal; the issue of control

The issue of corporate control in determining whether companies are related entities is quite complex. Here is a passage from…

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Dismissals of high income employees

Most Australian employees whose employment is covered by the Fair Work Act, the national workplace relations system, have access to…

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Disability in the workplace

The general protections of the Fair Work Act provide that it is unlawful for an employer to take adverse action…

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Unfair dismissal and resignations

Most Australians are familiar with what is commonly (but not necessarily technically) known as a constructive dismissal which is a…

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General protections; adverse action involving a dismissal

The following is an extract from a recent decision of the Federal Circuit Court of Australia which explains in plain…

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Unfair dismissal; proportionality and consistency

The unfair dismissal jurisdiction in Australia operates at its most basic level on the basis of whether “there has been…

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Fair Work Commission interim orders

Section 589 of the Fair Work Act empowers the Fair Work Commission to make interim decisions on its own in…

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