In December of 2013, the Full Court of the Federal Court of Australia decided that the dismissal of an BHP Employee, who on three separate occasions held and waved a sign with the words “No principles SCABS No guts” at an industrial protest, was not unlawful...
A Full Bench of the Fair Work Commission has considered the issue of a position being changed to incorporate additional qualifications and duties, where the new job incorporated about 70% of the former role which was made redundant...
In a significant decision on Australian employment contract law, a full court of the Federal Court has found that the Commonwealth Bank breached an implied term of trust and confidence when it failed to consider redeployment opportunities for one of its…
A non-genuine redundancy may still constitute a "reasonable, defensible and well-founded" reason for dismissal. Unfortunately many small business owners are unaware of their obligations and find themselves defending unfair dismissal claims in circumstances…
After making a complaint regarding workplace bullying, a Professor was dismissed on the grounds of redundancy due to financial constraints within RMIT. On hearing the evidence, Justice Gray determined that the redundancy was a sham and was done for the…