Fair Work coverage and national system employers

The Western Australian Industrial Relations Commission has dismissed an unfair dismissal claim made by a Housing and Property Service Officer…

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Recording workplace meetings secretly

Most States have laws, often called a Surveillance Devices Act, which prohibit the use of covert surveillance devices such as…

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Unfair dismissal and proportionality

The High Court has affirmed in a case that a termination of employment may be harsh, unjust and unreasonable (the…

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Representation in the Fair Work Commission

The issue of representation in the Fair Work Commission is vexed. Some members of the Commission grant permission for parties…

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Compensation for unfair dismissal

What are the principles which the Fair Work Commission applies when assessing compensation for unfair dismissal. “In undertaking this task,…

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Redundancy; what qualifies?

Here is an extract from a recent Fair Work Commission case which is  amongst other things a fine analysis of…

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Unfair dismissal; the elements of a case

The ingredients of an unfair dismissal. Putting aside jurisdictional issues for one moment, the legal bar which an applicant for…

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General protections’ reverse onus of proof

What follows is a summary of the reverse onus of proof provisions of the Fair Work Act which a respondent…

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General protections; inaction is not adverse action

It is a myth that a failure by an employer to take positive action to advance an employee’s expectations, can,…

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Redundancy; the classic definition

Here is the classic definition of the concept of redundancy, from an extract from a recent Federal Circuit Court decision….

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