When a casual employee's "controversial" social media post prompted her employer to end her engagement early, that constituted a dismissal, the Fair Work Commission has found in an unlawful termination dispute.
It was reasonable for an employer to accept the resignation of an employee who felt "upset and wronged" after a workplace altercation, the Fair Work Commission has ruled.
An HR manager's criticism of an employee's "unprofessional behaviour" towards her was misplaced, with the Federal Circuit Court finding most of their interactions were "perfectly ordinary".
An employer's responses to an employee's workplace complaints were "prompt" and "thorough", the Federal Circuit Court has ruled, finding it dismissed him because he couldn't perform the inherent requirements of his role.
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from pursuing a general protections claim, after the Fair Work Commission found he wasn't dismissed when his job offer was revoked.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
