Compensation for unfair dismissal; the principles

“Is an order for payment of compensation appropriate in all the circumstances of the case? Having found that reinstatement is…

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How to check whether modern award applies

“The principal purpose test is well settled and was summarised in Carpenter v Corona Manufacturing 14: “In our view, in determining whether…

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Unfair dismissal; an analysis

Here is an extract from a recent Fair Work Commission case which perfectly illustrates how the Commission goes about determining…

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Free speech in the workplace

In Comcare v Michaela Banerji [2019] HCA 23 the High Court of Australia in a workers’ compensation case held that…

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Injunctions in dismissal cases

The following extract from a decision of the Federal Circuit Court makes clear the principles the court (and the Federal…

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Unfair dismissal for employer policy breaches

Although the law and the Fair Work Commission will respect employer policies when they are lawful and reasonable, and a…

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Regulation of labour hire in WA, SA and Vic

The Victorian, South Australian and Western Australian governments have each progressed plans to introduce legislation to regulate labour hire agencies….

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What is unfair dismissal?

What is an unfair dismissal Here is an extract from a Fair Work Commission decision which s the closes thing…

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Redeployment and consultation concepts and redundancy

“In Honeysett 47 a Full Bench of Fair Work Australia (as the Commission was then known) held that it was open to the…

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Time limits in the Fair Work Commission

The Fair Work Act contains various time limits. Here is a case which deals with how they are to be…

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