INTRODUCTION
1. In addressing this topic, I will deal with it generally in the context of unfair dismissal cases regarding 'problem' employees.
LEGISLATION
2. In approaching unfair dismissal cases, the Federal Commission has had since 1996 a statutory mandate to accord both the employer and employee a 'fair go all round'. This expression is well known in industrial circles, arising from a decision of Sheldon J in In re Loty and Holloway v Australian Workers Union [1971] AR (NSW) 95. It is clear that the Federal Parliament has abandoned the previous 1994 provisions, with their technical requirements about procedures. The difference in approach between the present legislation and the 1994 provisions is made clear through comments
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