A unilateral demotion by an employer constitutes a 'dismissal' for the purposes of s 105 of the Industrial and Employee Relations Act 1994 (SA), even where the employee continues to work in the demoted position, provided the employee has not consented to the demotion. The earlier Industrial Commission decision in Zubrinich, which held that continued employment negated dismissal, is no longer good law in South Australia. The Federal Court decision in Brackenridge does not govern the interpretation of the South Australian Act because the Commonwealth Act was constrained by the Termination of Employment Convention in a way the State Act is not.
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