In neglecting to provide clear evidence of who initiated serious misconduct allegations against an employee, an employer has failed to prove it didn't take unlawful adverse action against her.
An employer has been fined $25k for taking adverse action against an employee who complained about a superior, with the court noting its contravention was "serious".
Dismissing an employee who used excessive emojis and wrote a poem that made a colleague uncomfortable was not unlawful adverse action, the Fair Work Commission has accepted.
A general protections application lodged on the basis of a "future" right to claim unfair dismissal is an important one to watch, a workplace lawyer says.
After allegedly rushing a CEO's sacking to deny him the opportunity to claim unfair dismissal, an employer has been ordered to reinstate him until his adverse action claim can be determined.
When a CEO asked an employee if she had another job to go to and then gave her an "opportunity to resign" before a negative performance review, she had no option but to quit, the Fair Work Commission found.
An employer unintentionally dismissed an employee when it treated his ambiguous comments as a resignation and "unilaterally" declared he was no longer employed, the Fair Work Commission has ruled.
An employee who maintained he was "not in a mental state to text anyone" while absent for more than two months has failed to convince the Fair Work Commission he didn't abandon his employment.
An employee wasn't forced to resign by alleged discrimination, but rather she quit voluntarily because she felt "very aggrieved that she had not been promoted", the Fair Work Commission has ruled.
