General protections and workplace rights

It has become popular for former employees to initiate general protections’ claims based upon the statutory case of action in…

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Setting off contractual payments against award obligations

There are some circumstances in which an employer is entitled to set off contractual payments against award entitlements and here…

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Unfair dismissal and compensation in lieu of reinstatement

What follows is an extract from a recent unfair dismissal case in the Fair Work Commission which is an excellent…

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What consultation is required for genuine redundancy?

What is adequate consultation for a genuine redundancy? Here is the answer from a recent case. “Was there Consultation about…

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Compensation for unfair dismissal; the legal principles

“When determining compensation for unfair dismissal, the Fair Work Commission applies what is called the “Sprigg formula”, one of the…

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Unfair dismissal and abandonment of employment

An employer will be safe to treat the employment relationship with an employee as at an end if the conduct…

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Unfair dismissal; compensation despite “significant” misconduct

In what might by some be regarded as a controversial decision, a very experienced Commissioner of the Fair Work Commission…

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General protections; contractor or employee?

Today I have come across this decision of the Federal Circuit Court dealing with a general protections case which involved…

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Employment contracts and implied terms and conditions

At common law, there is no implied obligation upon an employer not to treat an employee unfairly. However there is…

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Unfair dismissal and regular and systematic work

There are various implications under the Fair Work Act depending upon whether the work of an employee is “regular and…

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