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INDUSTRIAL LAW REFORM (FAIR WORK) ACT 2005 (NO 3 OF 2005) - SECT 54

54—Amendment of section 108—Question to be determined at the hearing

Section 108(2)—after paragraph (b) insert:

            (c)         the degree to which the size of the relevant undertaking, establishment or business impacted on the procedures followed in effecting the dismissal; and

            (d)         the degree to which the absence of dedicated human resource management specialists or expertise in the relevant undertaking, establishment or business impacted on the procedures followed in effecting the dismissal; and

            (e)         whether the employer has failed to comply with an obligation under section 58B or 58C of the Workers Rehabilitation and Compensation Act 1986 ; and

            (f)         any other factor considered by the Commission to be relevant to the particular circumstances of the dismissal.



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