Fair Work redundancy; is consultation required

As most people know, it is a complete jurisdictional defence for an employer in an unfair dismissal case to be…

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Constructive unfair dismissal; the doctrine of repudiation

Conduct by an employer which is fundamentally inconsistent with the contract of employment of an employee will, if it amounts…

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When will casual employment count towards unfair dismissal

When will casual service count towards the minimum employment period to be protected from unfair dismissal?; sec 383 Fair Work…

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Unlawful termination of employment Part 2

Yesterday I identified the provisions of the Fair Work Act which deal with unlawful termination of employment together with the…

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Unlawful termination of employment Part 1

In addition to the unfair dismissal and general protections’ jurisdictions and provisions of the Fair Work Act, which essentially are…

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Unfair dismissal; serious misconduct and misconduct

The legal issue of what is meant by “misconduct” and “serious misconduct” in Australian workplace and fair work law is…

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Misconduct and valid reason for dismissal

Not all cases of misconduct by an employee will constitute a valid reason for dismissal. B, C and D should not…

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What is a valid reason for dismissal?

“At the same time the reason must be valid in the context of the employee’s capacity or conduct or based…

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What can an employer deduct from wages Part 2

Sec 326 of the Fair Work Act effectively provides that modern awards, enterprise agreements and contracts of employment have no…

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What can an employer deduct from wages? Part 1

Section 325 of the Fair Work Act provides that it is a contravention of the Act for an employer to …

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