Unfair dismissal time limit; extension of time?

It is reasonably common for me to be asked to advise a former employee of his or her chances of…

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Unfair dismissal; how to get the date correct

The precise date of the termination of an employee’s employment is often a legal controversy, and getting it right is…

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Unfair dismissal high income threshold; how to calculate

The manner in which an employee’s earnings are calculated for the purposes of determining whether their rate exceeds the high…

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Unfair dismissal and JobKeeper

“In  a recent unfair dismissal case, the Fair Work Commission rejected a defence by the employer that the termination of…

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Employment law; what is the construction industry

There are many cases in Australian employment law which turn upon the industry in which an employee works. For example…

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Workplace rights to comfort breaks at work

In a recent decision of the Federal Court of Australia it has been judicially held that Australian employees have a…

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Redundancy pay and applications by employers to reduce

In an interesting decision, a Full Bench of the Fair Work Commission has held that the power vested in the…

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Dismissal by e-mail not a good look

Although the Fair Work Act requires an employer to provide an employee with written notice of the day of termination…

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Unfair dismissal and alleged criminal conduct

The Fair Work Commission is generally and rightly very cautious about proceeding to hear an unfair dismissal case which involves…

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Unfair dismissal; jurisdiction issues for employers

In this extract from a recent decision of the Fair Work Commission, the Commissioner sets out the principles which the…

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