An employer has failed to prove it had a legal right to demote a manager accused of misconduct, with the Fair Work Commission finding this disciplinary action repudiated her employment contract.
An HR manager has failed to convince the Fair Work Commission that he couldn't have sacked a casual worker, who refused to attend an unpaid training session, as she never "officially" started in her role.
A manager whose role was made redundant just hours after he allegedly told his employer he planned to apply for unpaid parental leave has lost his adverse action claim.
A worker has failed to prove a written agreement with an employer was a "sham" designed to misrepresent their relationship, with the Fair Work Commission finding she was an independent contractor and therefore not "dismissed".
The Fair Work Commission has found a worker did not agree to end her employment and therefore was entitled to make a general protections claim, ruling her employer had grown intolerant of her "lack of obeisance" and sacked her.
Workplace bullying complaints are escalating, against a backdrop of increasing stress, remote management and workplace tensions. Watch this webcast to ensure you're up to date on the latest developments and case law in this jurisdiction.
A casual worker who was refused further shifts and locked out of an employer's roster system after disclosing her pregnancy is entitled to pursue her general protections claim, the Fair Work Commission has ruled.
An employer didn't dismiss an HR administrator when it told her to stop referring to herself as an HR manager, the Fair Work Commission has ruled in rejecting this was a "demotion" that breached her employment contract.
The Federal Court has ordered the reinstatement of an employee sacked for making "deliberately provocative" social media posts, but declined to order damages for distress, finding he didn't appear to be "an individual whose feelings might easily be hurt".
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.
