A senior employee had no choice but to resign after an employer said her performance was "just not working for the business", just weeks after she requested leave to have surgery, the Fair Work Commission has found.
It would be unfair to require an employer and two HR professionals to defend an employee's "incomprehensible" adverse action claim, the Federal Circuit Court has ruled.
A worker who claimed being disciplined over her social media posts was "cancel culture at its finest" has lost her adverse action claim, with the Federal Circuit Court finding her dismissal was "objectively justifiable".
An HR manager on probation has failed to prove she was constructively dismissed after her employer rejected her request for leave to give birth and deal with the "substantial challenges" that would follow.
An employer must again defend dismissing a worker who said she would "take down" the company, after she won an appeal but then lost a dispute over what form the rehearing should take.
An employee has been granted an extension of time to make a general protections claim, after the Fair Work Commission found his dismissal while on sick leave could have been prompted by his bullying complaint against a manager.
The Federal Circuit Court has imposed maximum fines on an employer and its director after finding they made "unmeritorious" claims against a general manager "solely" to avoid paying her entitlements.
An absent employee thought she had been dismissed when she received a payslip referring to "termination payments", but this was an error driven by the employer's "inflexible payroll system", the Fair Work Commission has ruled.
An employer's purported reasoning for banning a worker from a site was "simply implausible", the Federal Court has ruled, finding his safety complaints "aggravated management" into action.
An employer has been blocked from sacking a worker who it believed lied during her job interview, because it was unclear whether it followed a procedurally fair disciplinary process.
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.
