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Two recent decisions in Fair Work Australia shed further light on the court approaches to unfair dismissal cases.

When an employee stops attending work without explanation and doesn't respond to contact attempts, can an employer treat this as 'abandonment of employment'? The Fair Work Commission's recent Haque decision raises important questions about whether such situations constitute dismissal at the employer's initiative, potentially challenging established precedent and creating new risks for employers managing unexplained absences.

Two recent decisions of the Australian Industrial Relations Commission highlight the importance of appropriately managing the performance of employees before terminating their employment.

If the employee refuses to comply with a reasonable direction to attend for work, this will be a valid reason for termination, even if the employee's refusal was because of family responsibilities. When is it not harsh, unjust or unreasonable to sack an employee with family responsibilities?

The NSW Industrial Relations Commission (IRC) recently ordered two employers to reinstate injured workers despite the continuing nature of the workers' restrictions.

A genuine redundancy occurs when an employee's employment is terminated at the employer's initiative because the employer no longer requires that job to be done by anyone.

Employers must ensure that procedural fairness is afforded to employees at all stages of the termination process.

This article provides an overview of one of the main general protection provisions, adverse action, and recent case law.

Failing to properly investigate conflicting medical reports when firing an employee has resulted in unfair dismissal.

Article discusses a recent FWC ruling and warns to be careful when venting or sending up a situation.

In recent case, FWC set the bar high for employers wanting to rely upon policies, or changes to policies, to terminate employment.

A performance management process should be to identify and to resolve any performance concerns relating to an employee.

Employees dismissed during probation may be able to bring a general protections claim.

Using these recordings would not be inconsistent with any relevant legislation or the worker's employment contract.

Understandably, there is no clear definition of "serious" or the degree of misconduct which justifies summary dismissal.

Determining whether dismissal is an appropriate response to swearing in the workplace is an increasingly difficult task.

Adverse action under the Fair Work Act has been one of the most high-profile issues in workplace law, and we now have the first major appellate court decision explaining how some of the relevant provisions work, and employers' responsibilities under them.