Big changes to laws about fixed term employment contracts

Big changes to laws about fixed term employment contracts

From 6 December 2023, new limits on the use of fixed term contracts will be in place. For employees other…

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Time limits for unfair dismissal and general protections cases

Applications to have the Fair Work Commission deal with an unfair dismissal claim must be made within 21 days of…

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Unfair dismissal and length of service

This extract from an unfair dismissal decision of the Fair Work Commission explains how to calculate length of service for…

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Unfair dismissal remedies; compensation

This decision of the Fair Work Commission explains how a sum for compensation for unfair dismissal is arrived at. “[1]…

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Evidence issues in general protections’ cases

  The general protections under the Fair Work Act prohibit the taking of adverse action against an employee for a…

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General protections and the “because ” issue

This extract from a recent Federal Court case decision sets out the legal principles which are sometimes involved in determining…

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What is a constructive dismissal?

What is a constructive dismissal? Here is an explanation of its technical characteristics. “The term “constructive dismissal” relates to an…

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Mandatory medical examinations and unfair dismissal

An employer will have a valid reason to terminate the employment of an employee if he or she unreasonably refuses…

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Appeals in the fair work system

The fair work system will only permit appeals against decisions to be upheld when the decision at first instance is…

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Genuine redundancy; what must be made out

To rely upon the jurisdictional defence of genuine redundancy, an employer defending an unfair dismissal case on that basis is…

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