Unfair dismissal; the relevance of procedural fairness

Whether there is a valid reason for a dismissal of an employee is perhaps the most important issue in an…

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Unfair dismissal; employee or contractor?

“As a senior member of the Fair Work Commission in the following extract from an unfair dismissal decision makes clear,…

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General protections; when will a person have a workplace right?

A Full Bench of the Federal Court of Australia has today taken a refreshing look at what constitutes the exercise…

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Unfair dismissal and valid reason

In unfair dismissal cases, the legal issue of whether there was a valid reason for the dismissal is perhaps the…

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Redundancy laws in Australia; consultation must be meaningful

It is an essential legal element of a genuine redundancy under the Fair Work Act that an employer has complied…

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General protections; how to discover the reason for the action

There are several instances in the Fair Work Act of conduct being unlawful (or, technically, a contravention of the Act)…

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Constructive unfair dismissal

The minimum legal elements of a constructive dismissal are more often than not much more difficult for an employee to satisfy…

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Unfair dismissal; reduction in hours or pay for casuals

A decision by an employer to reduce the hours of a casual employee or remuneration can constitute a termination of…

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Unfair dismissal; dismissal can be fair for reasons other than given

As surprising as it seems, the Fair Work Commission can uphold the validity of an employee’s dismissal for reasons other…

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Dismissals under the WA fair work system

“It is clear that for the purposes of the Commission’s unfair dismissal jurisdiction, a “dismissal” can be constituted by the…

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