Two recent decisions of the Fair Work Commission have demonstrated the difficulty employees face if they do not lodge their unfair dismissal applications within the 21 day period. In the first instance the employee was two years and two months late (Ellikuttige v...
But I’m telling the truth! What happens when the parties to a case have varying accounts of what was said and done? Who is to be believed? In the matter of Ashley Duddington v Mario and Clara Enterprises Pty Ltd and Morgan Trading Pty Ltd, a former restaurant manager...
How long does an employee have to be employed before they’re eligible to make an unfair dismissal claim?The short answer is “that depends on the size of your business.” If you’re a small business, the employee will have 12 months before they can claim eligibility. If...
The vast majority of applications for unfair dismissals are discontinued. Generally, this means that employers and employees have reached agreement so that a formal decision or order of the Fair Work Commission is not required. Where negotiation does not result in...
