Unfair dismissal cases involving small businesses

What follows today is part of a classic Fair Work Commission unfair dismissal decision which  in my opinion is a…

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Advertising to fill previous redundancies

I am often asked whether there is a time limit before an employer may re-hire an employee into a position…

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Resolving workplace disputes through enterprise agreements

Enterprise agreements must contain a dispute settlement process. This is often the vehicle for an employee (and an employer for…

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Unfair dismissal conciliation conferences

It is surprisingly common for former employees to agree to a settlement of an unfair dismissal case at a conciliation…

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How to calculate compensation for unfair dismissal

In assessing compensation for unfair dismissal, the Fair Work Commission consistently applies a formula known as Sprigg, named after a…

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Modern award coverage; Professional Employees Award

The legal issue of modern award coverage is very important to many unfair dismissal cases, particularly where the employee’s annual…

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Unfair dismissal; valid reason for dismissal not always required

As is evident from the following extracts from a recent decision of the Fair Work Commission it is not strictly…

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Dismissal may be unfair even with misconduct; FW Commission

The Fair Work Commission may and sometimes does determine that the termination of the employment of an employee constitutes an…

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JobKeeper directions must be reasonable and involve consultation

In Wilfred Lam v Mobile Technology International Pty Ltd [2020] FWC 4366 the Fair Work Commission has held that not…

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Covid 19 stand downs in Australia

There have been surprisingly few stand down cases heard by the Fair Work Commission despite the omnipresence of Covid 19…

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