Why An Unfair Dismissal Case Was Unsuccessful

Why An Unfair Dismissal Case Was Unsuccessful

Not every unfair dismissal case is a winner. Let’s look at a case where the Fair Work Commission found that the employee’s failure to accept settlement offers was imprudent and delinquent and consequently ordered costs against the employee. In the case of Steven Post...
Why Is An Unfair Dismissal Compensation Payout Limited?

Why Is An Unfair Dismissal Compensation Payout Limited?

The reason why the compensation payout one can receive is capped is on the basis that it can have a serious impact on the cash flow of the average Australian small to medium business. In one of our articles titled “Are you a high earner for the purpose of unfair...
Are You A High Earner For The Purpose Of Unfair Dismissal Claims?

Are You A High Earner For The Purpose Of Unfair Dismissal Claims?

Generally, unfair dismissal claims can be presented before the Fair Work Commission if an employee can show that the termination was harsh, unjust or unreasonable. Prior to 1 July 2018, the high earner threshold was $142,000. Now the income has increased to $175,000....
Have you been terminated?

Have you been terminated?

Depending on the circumstances under which you were terminated, there are a number of legal options available. Redundancy If you have been made redundant, there are a number of things to consider: Is this a legitimate redundancy? Am I getting the proper pay, based on...
Extension of Time for Unfair Dismissal Applications

Extension of Time for Unfair Dismissal Applications

The Fair Work Commission has considered a number of unfair dismissal applications for extensions of time. The Time Limit for Unfair Dismissal Applications Under ss 365 and 394 of the Fair Work Act 2009 (Cth), an employee is generally required to make an unfair...