Despite receiving HR advice about how to handle a redundancy meeting, an employer gave a long-serving manager no prior notice of its decision and no opportunity to bring a support person, among other factors found to be unreasonable.
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In upholding the sacking of a worker accused of defrauding his employer of $12, a Fair Work Commission member denied him procedural fairness, a full bench has ruled.
Frustration of an employment contract in circumstances of illness or injury "is a difficult concept to establish", a Fair Work Commissioner has noted, in clearing a worker to pursue his unfair dismissal claim.
A Fair Work Commission full bench has clarified when the end of a fixed-term contract might constitute a dismissal, finding that a conditional "promise" of ongoing employment wasn't a contractually binding offer.
The refusal of an HR manager's flexible work request did not indicate the employer intended to end her employment or leave her with no choice but to quit, the Fair Work Commission has ruled.
Extending an employee's probation period while she was on sick leave would have been distressing for her, but the employer had "little alternative", the Fair Work Commission has found.
Expressions of gender bias were part of wider cultural issues that "take time" to improve, an employer has claimed in objecting to an employee's general protections dismissal application.
Even if certain negative behaviours were "manifestations" of an employee's autism spectrum disorder, they weren't a substantial and operative reason for her dismissal, the Fair Work Commission has ruled.
