An absent employee who gave notice of her resignation, then returned company property saying it was "unlikely" she'd return to work, didn't repudiate her employment contract, according to the Fair Work Commission.
Telling a pregnant employee they "would have to call it quits" if she continued working in an unsafe manner did not amount to a dismissal by her employer, the Fair Work Commission has found.
An employee who believed she worked "efficiently and competently" has lost her adverse action claim, with the Federal Circuit Court finding she was lawfully sacked for her ongoing defiance of authority.
The Federal Court has ordered the interim reinstatement of an employee sacked for poor performance, finding there was at least an arguable case he was unlawfully dismissed for making workplace complaints.
In one of the first tests of the Fair Work Act's fixed-term contract restrictions, the Fair Work Commission has found a senior HRBP's third contract was for a substantially different role and therefore didn't breach the provisions.
If an employee had provided more insight into her workplace concerns, instead of resigning, her employer might have been "more proactive" in addressing them, the Fair Work Commission has ruled.
In a ruling that highlights the need for detailed evidence to justify dismissal decisions, the Fair Work Commission has found an employer might have avoided liability for an adverse action claim if it had proven its restructure was necessary.
Although a workplace had "clear" interpersonal conflict issues, an employer didn't facilitate a toxic environment that forced a manager to resign, the Fair Work Commission has found.
A Fair Work Commissioner was wrong to dismiss an adverse action claim on the basis of a settlement being reached, in circumstances where the parties maintained their agreement wasn't binding, a full bench has ruled.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
