Crawford de Carne
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Author: Crawford de Carne

Fair Work Act: Underpayment of Wages

Relevant provisions The following sections of the Fair Work Act 2009 (“FW Act”) are most likely to be relevant in an underpayment of wages context: ...

DISMISSAL: NES NOTICE OF TERMINATION

A Full Bench of the Fair Work Commission has recently made an important decision in relation to the meaning of a “dismissal” under s 386...

MISLEADING STATUTORY DECLARATION: PENNYCO

Pennyco Pty Ltd t/a Zarraffas West Ipswich [2017] FWCFB 4852 (“Pennyco”) is one of the more unusual cases that have come before a Full Bench of...

Dismissal: Letters and Emails

A Full Bench of the Commission in Mohammed Ayub v NSW Trains [2016] FWCFB 5500 provided some important clarification regarding when a dismissal takes effect....

Fair Work Act: Accessorial Liability

A common problem encountered by employees who have not been paid their minimum legal entitlements is discovering that the company which employed them has been...

“Set-off” Principles

The law around “set-off” principles in employment relationships is reasonably well settled. Courts have applied contractual law principles to focus upon what the parties agreed...

FAIR WORK AMENDMENT: CORRUPTING BENEFITS

The Fair Work Amendment (Corrupting Benefits) Act 2017 (“the Act”) arises from recommendations made by the Royal Commission into Trade Union Governance. It commenced operation on the...