FAQs matching Unfair Dismissal

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When does unfair dismissal occur?

Practice Areas: Unfair Dismissal

There are a number of ways in which unfair dismissal can occur, and Fair Work Australia will consider that a person has been unfairly dismissed...

Are employers required to act fairly?

Practice Areas: Unfair Dismissal

It may be surprising for some readers to learn that there is no implied common law obligation for an employer to act fairly in relation to investigative...

Are casual employees protected against unfair dismissal?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Industrial Relations, Redundancy, Unfair Dismissal

For casual employees to receive protections, they must have worked for an employer for the ‘minimum employment period’ referred to in ss 382-383...

Can labour hire employees make unfair dismissal claims under the provisions of the Fair Work Act?

Practice Areas: Unfair Dismissal

Labour hire employee may have some difficulty in making an unfair dismissal claim under ss 382 – 384 of the Fair Work Act 2009. For national system...

What factors are taken into account when determining whether a dismissal is harsh, unjust or unreasonable?

Practice Areas: Unfair Dismissal

Section 387 of the Fair Work Act sets out the considerations the Fair Work Commission (FWC) must make when determination whether a dismissal was harsh,...

The common law and unfair dismissal in relation to labour hire employees.

Practice Areas: Unfair Dismissal

If a labour hire employee is not offered any further work by the labour hire agency, this may constitute a ‘dismissal’, although, industrial...

Can a conditional notice of termination of a contract of employment be considered valid?

Practice Areas: Employment Law - Worker Perspective, Redundancy, Unfair Dismissal

A conditional notice of termination may be valid provided that the fulfilment of the condition is operational. In Fardell v Coates Hire Operations Pty...

Can I be fired for comments made regarding a fellow employee on a social media site?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Harassment, Redundancy, Unfair Dismissal

If the decision by Fair Work Australia in O’Keefe v William Muir’s Pty Ltd T/A Troy Williams The Good Guys [2011] FWA 5311 is any indication,...

If I resign on account of illness: Am I entitled to receive a payment for pro rata long service leave?

Practice Areas: Employment Law - Worker Perspective, Unfair Dismissal

The eligibility requirements for receiving a pro rata payment of long service leave vary between the States and Territories. However, in most instances...

Is it possible to terminate an employee for making derogatory comments about work colleagues on social media?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Harassment, Workplace Privacy, Unfair Dismissal

If you wish to terminate an employee for making derogatory comments on social media you need to be aware of a recent decision in Fair Work Australia where...

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