What is serious misconduct in fair work law

Most Australians know that an employee can be lawfully and reasonably dismissed if he or she is guilty of serious…

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Redundancy and redeployment obligations in unfair dismissal cases

An employee who has had his or her employment terminated on the grounds of genuine redundancy can nonetheless succeed in…

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Compensation for unfair dismissal; how to calculate

This portion of a recent unfair dismissal decision of the Fair Work Commission sets out the approach the Commission takes…

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Labour hire arrangements and fair work law

The Fair Work Commission has rejected the proposition that in a standard labour hire employment structure the legal relationship is…

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Unfair dismissal; the right of an employee to defend allegations

The Fair Work Act requires the Fair Work Commission in an unfair dismissal case to take into account, when assessing…

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Redeployment and associated entities in the fair work system

The legal concepts of redeployment and associated entities are important  issues in the fair work system and in this extract…

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Legal representation in unfair dismissal cases

The Fair Work Act essentially bans legal and other professional* representation in cases in the Fair Work Commission where an…

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Unfair dismissal and the determining factors

One of the factors which the Fair Work Commission must consider when determining whether the termination of an employee was…

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Unfair dismissal and Covid 19

The approach of the Fair Work Commission to dismissals in workplaces affected by Covid 19 is evidenced by the following…

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Remedies for unfair dismissal; reinstatement

Although reinstatement is the primary remedy for unfair dismissal (despite it very rarely being ordered), it is regarded as being…

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