An employee who tried to defend an "offensive" social media post as "intellectual freedom" has failed to prove he exercised his right in accordance with the "highest ethical, professional and legal standards".
Asking an employee who was absent on stress leave when he intended to return to work was a "suitable" enquiry and didn't force him to resign, the Fair Work Commission has found.
An employee who "sought not to prolong the unpalatable dance of termination" and sent a frustrated text to her employer has been cleared to pursue her general protections claim.
A candidate who accused an employer of offering him a lower salary based on his skin colour and race has been blocked from pursuing a general protections claim, after the Fair Work Commission found he wasn't dismissed when his job offer was revoked.
An employee held a "reasonable and understandable expectation" that his employment would continue past the end date of his fixed-term contract, the Fair Work Commission has found, in clearing him to pursue a general protections claim.
An employer that accused a worker of abandoning her employment and causing it to lose customers will have to face her general protections claim, after the Fair Work Commission found it dismissed her.
A manager who told an employee to "f-ck off" and leave work didn't constructively dismiss him, the Fair Work Commission has ruled, finding the direction was an effort to "defuse" their heated exchange.
An investigation into alleged misconduct was "sub-standard" but did not amount to repudiation of an employee's contract, the Fair Work Commission has found in a constructive dismissal dispute.
Managing absent or incapacitated employees is always tough to get right, and myriad case law highlights the consequences of mishandling this area. This HR Daily Premium webcast provides a review of relevant legislation and rulings in this space.
