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Mexican Standoff in the Storeroom: The Right of Entry of Union Officials under the Fair Work Act 2009 (Cth)
2 June 2020 | Insurance & Health LawAn early learning centre and its director have been fined $3,780 for contraventions of the Fair Work Act 2009 (Cth) (FWA). The Federal Circuit Court considered that Paisley Park Early Learning Centre (SA) Pty Limited, by restricting a union representative...
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When is a resignation a dismissal?
27 February 2020 | Insurance & Health LawIn what circumstances can an employee's resignation be treated as a "dismissal" under the Fair Work Act? The case of Sathananthan v BT Financial Group. In Issue Whether an employee’s resignation constituted a constructive dismissal...
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FWC rules that dismissal of “strongly progressive” church worker was unfair
6 September 2019 | Insurance & Health LawA church worker was unfairly dismissed when she failed to secure a new role in a restructure. In Issue Was the employee’s dismissal a case of genuine redundancy? Was the employee’s dismissal unfair? The Background The applicant (Ms Bleyerveen)...
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Employer fails to give sufficient reasons for refusing a flexible work request
22 March 2019 | Insurance & Health LawAn employee submitted a dispute after his request for a flexible working arrangement was rejected by his employer. The employer initially justified its refusal with reasons within the prescribed 21 day period, but sought to rely on further reasons during...
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FWC upholds dismissal of glass-throwing employee at work Christmas party
12 December 2018 | Insurance & Health LawThe Fair Work Commission made a significant decision on out-of -hours conduct in finding that ALDI had a valid reason to dismiss an employee for throwing a full glass of beer over the heads of other employees at a work Christmas function. In Issue Was...
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Unfair dismissal claim fails despite flaw in dismissal procedural
11 September 2018 | Insurance & Health LawAn employee was dismissed after providing intentionally false information on his CV regarding the duration of his previous employment. The employee's conduct outweighed the employer's failure to provide a sufficient opportunity to respond to the...
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