Appeals | Page 5 (425 items)

A Fair Work Commissioner applied the wrong principles when he found an employer had no reason to question whether a resignation, tendered during a paranoid delusion, was freely given.

An HR business partner's "damning assessment of morale and employee relations" in a senior manager's team was the final straw that prompted his dismissal, the Federal Court has found in redetermining a long-running adverse action case.

A fake list of achievements on an employee's resume weren't the result of his "faulty recollection" and carelessness, but rather a deliberate attempt to mislead his employer, a commission has ruled.

It simply isn't possible for any workplace process to meet the needs of every neurodivergent person, no matter how much care and thought goes into its design, a commission has noted in response to an aggrieved employee's claim.

Despite a "substantial overlap" in the facts to be considered in an employee's stop-bullying and adverse action claims, the Fair Work Commission has refused an employer's request for an adjournment.

Watch this HR Daily Premium webcast for an overview of the unfair dismissal jurisdiction and what can be learned from the past year's claims.

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.

After wrongly equating all bullying with serious misconduct, a Fair Work Commissioner has, on redetermination, ruled that an employee's behaviour met the definition, and warranted his employer's chosen disciplinary action.

An employer that was ordered to compensate a worker it sacked for refusing a breath test has failed to convince a Fair Work Commission full bench that it was treated unfairly as a self-represented party.

An "attitude of reticence or disinclination" towards making intractable bargaining declarations goes against the reforms' intentions, a Fair Work Commission full bench has ruled.