There was no reason to grant an employer's appeal against a finding that it sacked an employee who had already resigned, a full bench of the Fair Work Commission has found. But in the same decision, it has more than doubled the amount of compensation payable for the unfair dismissal.
It was reasonable not to award a sacked leader backpay along with her reinstatement, because she received a "very substantial" termination payment and made only "minimal efforts" to mitigate her loss, a Fair Work Commission full bench has ruled.
It wasn't unreasonable or unjust to find a long-serving employee's "sheer number of absences" weighed in favour of his dismissal being valid, a Fair Work Commission full bench has ruled.
An employee doesn't have to correctly identify an employer to make a valid general protections claim against it, a Fair Work Commission full bench has affirmed.
An employer has lost its appeal against reinstating an employee sacked for inappropriate conduct, after failing to convince a Fair Work Commission full bench that more regard should have been had to his impact on female colleagues.
The Federal Court has dismissed an appeal by two employees who were ordered to pay a former employer $270k in damages, after breaching their contractual restraints and soliciting its clients.
An appeal bench has delivered a scathing rebuke of a worker who relied too heavily on AI tools when filing his application and emailing the Fair Work Commission.
A full bench of the Fair Work Commission has refused to disturb a finding that it was fair to sack an employee who couldn't return to her role after a traumatic workplace incident.
A Fair Work Commission member took the wrong approach when dismissing a sexual harassment dispute application on the basis it wasn't validly made, a full bench has found in upholding an employee's appeal.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.