unfair dismissal Articles
Unfair Dismissal at Harley Heaven
June 10th, 2015 by | Employment
As recently reported in ‘The Advertiser’, a worker unfairly dismissed from his employment at Peter Stevens Motorcycles (‘Harley Heaven’) was awarded substantial compensation by the Fair Work Commission after a contested proceeding. Beger & Co’s Peter Jakobsen acted for the dismissed employee, who was alleged to have hit a fellow employee and subordinate. The employee… Read more »
Unfair Dismissal: “Harsh, Unjust, Unreasonable” – Various Considerations
March 19th, 2015 by | Employment
The following sets out some considerations for both employers and employees when considering what constitutes a “harsh, unjust or unreasonable” dismissal. Consideration of unfair dismissal applications is determined according to the principle of “a fair go all round” – Fair Work Act 2009 (“FWA”), s. 381 (2) Section 387 FWA states: “In considering whether it… Read more »
Unfair Employment Contracts
August 22nd, 2014 by | Employment
From time to time, certain States have had laws as to a review of unfair contracts, particularly in an employment setting. These were rarely availed, in part because the difficulty of determining a fairness test, but the national reach of the Fair Work Act 2009 (“the Act”) tackles the issue in another way. We do not take… Read more »
Compensation for Employment Unfair Dismissal
March 12th, 2014 by | Court Disputes, Employment
If an employee is found to have been unfairly dismissed, the Fair Work Act 2009 empowers the Fair Work Commission to award compensation, if reinstatement is inappropriate (as it almost always is) and if compensation is appropriate in the circumstances. The maximum amount is set as the highest amount earned or which the dismissed employee… Read more »
