Get a binding agreement before withdrawing from the FWC!

Get a binding agreement before withdrawing from the FWC!

In the Fair Work Commission matter of Sergio Texeira v ADADN Group [2020] FWC 3147 (17 June 2020) it was found that the Fair Work Commission may not have the power to revoke or set aside a notice of discontinuance filed by the Applicant in an exchange for an agreement...
Get a binding agreement before withdrawing from the FWC!

Deregistered employer was still liable for unfair dismissal

In the recent decision of Yuening Fan v Integrated Pest Management Systems (Canberra) Pty Ltd [2020] FWC 2957 (11 June 2020) the Fair Work Commission confirmed that an employee can make an unfair dismissal application against a deregistered company. The Facts The...

How procedural fairness can affect an unfair dismissal case

Procedural fairness should come into play when an employee is terminated from their workplace. They should be given the opportunity to defend themselves and provide a response to an employer’s allegations before any disciplinary action is taken. Termination of an...

What is Constructive Dismissal?

Constructive dismissals occur when an employer acts in a way that is so “harmful, adverse or unfriendly” to the point of damaging the employer/employee relationship beyond repair and the employee is left with no other reasonable option but to resign. A...