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  1. Mexican Standoff in the Storeroom: The Right of Entry of Union Officials under the Fair Work Act 2009 (Cth)

    2 June 2020 | Insurance & Health Law

    An 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...

  2. When is a resignation a dismissal?

    27 February 2020 | Insurance & Health Law

    In 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...

  3. FWC rules that dismissal of “strongly progressive” church worker was unfair

    6 September 2019 | Insurance & Health Law

    A 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)...

  4. Employer fails to give sufficient reasons for refusing a flexible work request

    22 March 2019 | Insurance & Health Law

    An 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...

  5. FWC upholds dismissal of glass-throwing employee at work Christmas party

    12 December 2018 | Insurance & Health Law

    The 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...

  6. Unfair dismissal claim fails despite flaw in dismissal procedural

    11 September 2018 | Insurance & Health Law

    An 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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