Unfair dismissal cases; inherent requirements and valid reason

It is quite common for employers to terminate the employment of an employee on the basis that the employee is…

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Unfair dismissal cases; performance in and capacity for the job

How does the Fair Work Commission approach the issue in an unfair dismissal case of whether there was a valid…

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Unfair dismissal; how to calculate the high income threshold

The high income threshold for the purposes of the Fair Work Act is calculated by reference to rate of earnings…

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Mandatory vaccinations and the workplace in Australia

Yet another employee has lost an unfair dismissal case when dismissed for refusing to undertake an employer mandated influenza vaccine…

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Repudiation and fundamental breach of employment contracts

A substantial breach of an employment contract may or may not constitute grounds upon which an employee may sue for…

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Dismissal, repudiation and change to conditions of employment

The legal issue whether a non-consensual and material alteration by an employer to an employee’s contractual rights constitutes a repudiation…

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Annualised salary arrangements and modern awards

There are relatively new national rules for annual wage arrangements issued by the Fair Work Commission in amendments to various…

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What is a constructive dismissal?

It is much more difficult than most believe to have the Fair Work Commission, in an unfair dismissal case, accept…

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Genuine redundancy, employer obligations and contractors

An employer cannot rely upon the jurisdictional defence of genuine redundancy to an unfair dismissal claim if it would have…

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Unfair dismissal; what is a valid reason

This is an interesting extract from a recent decision of the Fair Work Commission in an unfair dismissal case about…

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