After saying she would resign due to dissatisfaction with a planned pay rise, an employee has convinced the Fair Work Commission she was in fact dismissed.
It's becoming increasingly difficult for employers to defend general protections claims, according to a lawyer calling on HR to apply more rigour in all termination processes.
Holding conflicting views about an organisation's management and "purpose" was never going to allow for smooth sailing in an employment relationship, the Federal Circuit Court has noted in adverse action proceedings.
It was unfair to ask a P&C team member to show cause as to why she shouldn't be sacked for poor performance, when she hadn't been notified of any concerns in the months after passing a PIP, the Fair Work Commission has ruled.
Blaming a general manager for stalling a redundancy consultation process, when the purpose of any further discussion remained "opaque", was "self-serving and disingenuous", the Fair Work Commission has ruled.
The "destabilising" effect an employee had on the workplace was the reason for her termination, and not the bullying complaint she filed just before it, the Federal Circuit Court has ruled in rejecting her adverse action claim.
The Fair Work Commission has cleared an employee to pursue a general protections dismissal claim against her employer, after it said she'd need to earn the respect of new staff through a "staged" return from parental leave before she could resume her previous HR duties.
A labour hire worker has been blocked from pursuing a general protections claim against two purported employers, with the Fair Work Commission accepting that neither terminated his employment.
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.
