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45 articles are classified in All Articles > Termination of employment > Legislation


New laws hold "phoenixing" directors to the flame

Company directors face tough penalties for avoiding employee entitlements under new laws cracking down on "sharp corporate practices" such as phoenixing and asset-shifting.


Court to rule whether FWC captured by Royal Commissions Act

Sacked NUW NSW official Nick Belan has today continued his challenge to the FWC's ability to rely on evidence given to royal commissions, urging a full Federal Court to treat the tribunal like a court and find that it should not have been able to uphold his sacking on the basis of admissions made in 2015.

FWC imposes stringent conditions on employer's legal representation

A senior FWC member has approved an employer's request for legal representation in a dismissal case, but not before requiring hearings be conducted in private, that he be free to provide "appropriate" guidance to the unrepresented former worker, and that he retain the power to revoke permission if the lawyer complicates proceedings.

FWC slams HR department's "entrapment"

The Fair Work Commission has sought to better delineate the law around so-called constructive dismissals, in a case in which it lambasted a multinational company's HR department for overseeing a process it likened to "entrapment".

Rework "confusing" small business dismissal code: FWC

A presidential member of the FWC has prodded legislators to revisit "confusing" aspects of the Small Business Fair Dismissal Code in order to deliver on its promise of speeding parties' progress through the unfair dismissal jurisdiction.

11-day hiatus not fatal: Bench

A worker will have another shot at seeking a 45-day extension to file his general protections claim after an FWC full bench found he was wrongly refused on the basis that he needed a credible explanation for the entire length of the delay.

FWC seeks options for dumped employment abandonment clauses

Abandonment of employment clauses have been removed from six modern awards in the wake of an FWC full bench ruling that employers must take the "additional step" of ending the employment relationship when a worker walks off the job.