General protections; the role of the federal courts

The role of the Federal Court of Australia and the Federal Circuit Court of Australia in workplace relations and fair…

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Compensation for unfair and unlawful dismissal; contingencies

Here are two extracts from Fair Work Commission cases which deal with the legal issues of reducing compensation to account…

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Compensation for unfair dismissal; how is it calculated?

How does the Fair Work Commission calculate compensation for unfair dismissal in a situation where an employee who has won…

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Unfair dismissal; employers must be consistent

An employer which turns a blind eye to an employee’s conduct cannot rely upon the employee’s conduct to justify a…

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Procedural fairness in the workplace

Investigations conducted by employers which may lead to the dismissal of an employee must be conducted in a reasonable and…

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Termination of employment must be specific

To be effective a letter purporting to terminate the employment of an employee must  clearly state when the termination is…

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What is a true casual employee?

When is a casual employee truly a casual employee? The answer to this question is context. There is some controversy…

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Unfair dismissal; inherent requirements of the job

When in an unfair dismissal case, an employer suggests that the dismissal was brought about by the employee being unable…

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Fingerprints in the workplace

The Privacy Act (Commonwealth) together with guidelines provided by the Office of the Australian Information Commissioner suggest that employers can lawfully store…

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Unfair dismissal; process is everything; well almost

A dismissal may be found to be relevantly unfair by the Fair Work Commission if there is a meaningful defect…

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