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The document provides guidance on how to discontinue an application made to the Fair Work Commission. It outlines the reasons for discontinuation, methods of lodging a notice, and the importance of serving a copy to the Respondent. Additionally, it offers information on legal representation and includes a glossary of common terms related to the process.

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What is a harsh dismissal?

Unfair dismissal is when an employee is dismissed in a harshly, unjustly or. unreasonably, for example: Harsh - if its impact is disproportionate to the employees poor performance or. misconduct; Unjust - if the employee did not commit the alleged misconduct or poor.

What is harsh unjust or unreasonable?

Harsh means the dismissal was disproportionate to the offence that you committed. Unjust means your employer did not have a valid reason to sack you. Unreasonable is when your employer acted unreasonably during the dismissal, or did not give you procedural fairness.

What are the powers of the FWC?

The Fair Work Commission has the power to make orders terminating or suspending protected industrial action. In some circumstances, the Commission has discretion whether to exercise this power. In other circumstances, the Commission is compelled to exercise this power.

notice of discontinuance fair work commission

Fair Work Commission forms Form F50 notice of discontinuance What happens after a notice of discontinuance Fair Work Commission Rules r 10 Fair Work Commission Deed of release Fair Work Act Fair Work Commission terms of settlement template Form 8a fair Work Commission

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What are the criteria for harshness in the Fair Work Act?

Criteria for considering harshness etc whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person. any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal.

What is unfair dismissal NSW?

Unfair dismissal is when an employee is dismissed from their job in a harsh, an unjust or an unreasonable manner. The Fair Work Act protects eligible employees from losing their job in a range of circumstances, including: if theyre temporarily away from work due to illness. because of discrimination.

What is harsh unjust or unreasonable unfair dismissal?

A dismissal may be unfair if it is one, 2 or all 3 of harsh, unjust or unreasonable. This is explained in section 387 of the Fair Work Act. the dismissal has a very big (disproportionate) impact on the employees economic and personal situation.

What is Form F50?

Introduction. An applicant can submit form F50 to tell us they want to stop an application or withdraw a claim.

What are the 5 fair reasons for dismissal?

What are the 5 fair reasons for dismissal? Conduct/misconduct. Minor issues of conduct/misconduct such as poor timekeeping can usually be handled by speaking informally to the employee. Capability/performance. Redundancy. Statutory illegality or bdocHub of a statutory restriction. Some other substantial reason (SOSR)

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What are the criteria for harshness in the Fair Work Act?

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