By Angus Mackenzie There is a large and growing market for employers seeking external providers of workplace investigations. Unlike in other jurisdictions, the market for providers of workplace investigations is not regulated in Australia. As a consequence, these services are provided by variously skilled persons, including criminal lawyers, generalist lawyers, HR consultants, former police officers […]

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Wait A Minute Blog Series By Bryan Mueller, Director Workplace Litigation Commission Dispute Settlement: Federal Court Challenges Not Available? Wait a minute: Are you saying that no matter how far wrong the Commission goes in giving an arbitrated decision under enterprise agreement dispute settlement provisions, the Commission’s decision can’t be challenged anywhere? Is that really […]

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Aitken v CUB Pty Ltd [2016] FWC 2668 (Aitken decision) In its letter dismissing its employee, the employer concerned in the Aitken decision, described the conduct upon which it relied to justify its dismissal decision ‘as inconsistent with the trust and confidence required in the relationship’.  Also in defending the dismissal in unfair dismissal proceedings […]

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