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How to handle termination to avoid facing an unfair dismissal case

There are many recorded cases where employees have cried “unfair dismissal” and have been able to successfully escape accountability for misconduct because there have been deficiencies in the employer’s termination procedures.

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Early Termination of Fixed-Term Contracts: Are You Liable for Redundancy Pay?

If a fixed-term contract ends earlier than planned, redundancy pay may still apply. Find out when it’s payable, what the Fair Work Act says, and how to manage your obligations correctly.

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AI says you’re fired

The Fair Work Commission ruled that a text message composed using ChatGPT to terminate a legal assistant's employment was a termination at the employer's initiative, not abandonment, as the employee was legitimately on leave.

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Is a notice period affected by leave without pay?

Does a period of leave without pay affect notice of termination requirements and redundancy pay?

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Was redundancy an unfair dismissal?

A hair salon employee challenged her termination, claiming unfair dismissal after being made redundant without consultation.

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Commission Rules CEO’s Redundancy Was Not Genuine

A recent Fair Work Commission decision highlights how procedural missteps, rather than the reason for termination can render a dismissal unfair.

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Summary dismissal was unfair despite rudeness

Read why a court awarded a worker over $365K after finding his objectionable conduct did not justify termination without notice.

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Additional penalty for employer after adverse action judgment

When a commercial analyst complained about unreasonable overtime and a co-worker’s conduct, she was sacked. Read why the court imposed both compensation and penalty orders on the employer.

How much notice is required to resign?

When an employee resigns with little warning, what notice are they actually required to give, and what can an employer do if they don’t? The answer depends on more than just the Fair Work Act.

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Rushed process made dismissal for sexual harassment unfair: FWC

After a worker’s unacceptable behaviour got him sacked, the Fair Work Commission found the inadequate process rendered his dismissal unfair, but that the employer could no longer trust the worker.