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...
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...
A police officer who was dismissed for serious misconduct for breaches of the New South Wales Police Force Harassment, Discrimination and Bullying Policy and Guidelines has failed in his attempt to have his employment reinstated: Torres v Commissioner of Police....
An employer which offers employees contracts with annualised salaries to compensate for all entitlements to which they are entitled under an applicable award needs to beware. The applicable award may provide that an employer must state in writing which provisions of...
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...
