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What is constructive dismissal?

03/12/2020

The term “constructive dismissal” is often used to describe a situation where an employee has been left with no real choice but to resign from their employment. This is also sometimes referred to as a “forced resignation”.   How do I prove that I was forced…

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What is a deed of release?

03/12/2020

In an employment law context, a deed of release, which is also sometimes referred to as a “separation deed”, “deed of settlement” or “release agreement”, is usually an agreement between an employer and employee to settle all claims arising out of the employment.   When is…

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What is the minimum period of employment for unfair dismissal claims?

24/11/2020

Before an employee is eligible to make an unfair dismissal application, they must have completed the ‘minimum employment period’. If the employee works for a ‘small business’ which has less than 15 employees, the minimum employment period is one year. If the employee works for a…

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What is the high-income threshold?

24/11/2020
The high-income threshold is an amount that is indexed each year that limits eligibility to make an unfair dismissal application. The current high-income threshold is $153,600. If an employee earns more than this amount per annum, they may not be eligible to make an unfair dismissal...
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Unfair dismissal claims

24/11/2020
When someone is dismissed unfairly from their job, the first avenue that comes to mind is usually an unfair dismissal claim. In this article we look at the eligibility criteria to make an unfair dismissal claim, what an unfair dismissal claim actually is, the process involved...
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How does bankruptcy or insolvency impact an unfair dismissal claim?

24/11/2020
Where an employee has declared bankruptcy, or an employer has become insolvent, the ability to make or continue an unfair dismissal claim can be impacted. In this article we look at the different types of bankruptcies and insolvencies and how each impacts an unfair dismissal claim....
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