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Publications on this website are provided as a service to clients, colleagues, and others for general information only. This information is not designed to provide legal or other advice or create a lawyer-client relationship. You should not take, or refrain from taking action based on its content.

Unfair dismissal - does it apply to you?

Dismissal from employment occurs not only as a result of the employer directly sacking the employee, but also occurs when an employee is ‘forced’ to resign because of the employer’s actions, for example the employer has not paid wages. The Fair Work Act provides remedies for workers who have been ‘unfairly’ dismissed if the worker successfully makes an Unfair Dismissal Claim. This claim must be lodged via the Fair Work Commission’s website within 21 days of the dismissal taking effect. So what is Unfair Dismissal? Under the Act a dismissal is ‘unfair’ if it is either ‘harsh, unjust or unreasonable’, concepts that have been the subject of many court cases. When making a finding of unfair dis

Royal Commission Kicks Off

The Royal Commission into Aged Care Quality and Safety kicks off tomorrow in Adelaide with its first public hearing (Watch it here LINK: http://webstreaming.lawinorder.com.au/acrc ). At the hearing the Commissioners will set out their vision for the operation of the Royal Commission and explain how the hearings will be conducted. Evidence from witnesses will be heard from February, with details about those hearings to be announced later this month. It will be interesting to hear tomorrow how the Commission intends to accomplish the goals set out in the ‘terms of reference’. The ‘terms of reference’, released in October last year, tell us about the focus of the Commission and reflect the majo

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