Australia: Unfair/ Wrongful Dismissal

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
The Fair Work Act Goes Global - When Overseas Employees Fall Under The Act
Australian courts are increasingly examining whether the Fair Work Act applies to employees working entirely overseas. A recent Fair Work Commission decision reveals that jurisdiction may hinge not on where an employee performs their duties, but on the technical question of where the employment contract was legally formed—with significant implications for employers managing remote and offshore workforces.
Australia Employment
BP
Bartier Perry
Article
Redundancy Consultation Obligations: No Shortcuts For Small Businesses
The Fair Work Commission's Full Bench has confirmed that employers of all sizes, including small businesses, must meaningfully consult with employees before making redundancy decisions. This landmark ruling clarifies that consultation obligations apply universally and that failure to provide genuine consultation before an irreversible dismissal decision can defeat a 'genuine redundancy' defence in unfair dismissal claims.
Australia Employment
CG
Cooper Grace Ward
Article
When Does Employee Absence Amount To Abandonment Of Employment? Lessons From The Haque Decision
When an employee stops attending work without explanation and doesn't respond to contact attempts, can an employer treat this as 'abandonment of employment'? The Fair Work Commission's recent Haque decision raises important questions about whether such situations constitute dismissal at the employer's initiative, potentially challenging established precedent and creating new risks for employers managing unexplained absences.
Australia Employment
HR
Holding Redlich
Article
AI Slop v Fair Work Com­mis­sion: The Scourge Continues
Recent Fair Work Commission cases reveal how artificial intelligence is undermining legal proceedings, with applicants submitting AI-generated appeals containing fabricated case citations, misapplied legal terminology, and incomprehensible arguments. The tribunal's scathing critiques highlight a growing crisis where uncritical reliance on AI wastes judicial resources and produces submissions devoid of merit.
Australia Employment
S
Swaab
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