A court has rejected an employee's adverse action claims relating to her probation extension and dismissal, but has found she was entitled to seek compensation for an alleged unpaid entitlement despite its "modest quantum".
Probation and minimum employment periods are distinct concepts, but confusion between the two causes many workplace disputes. This Q&A sets out the difference, along with best-practice approaches.
A Fair Work Commission full bench has rejected an employee's unfair dismissal appeal, despite finding a Commissioner was wrong to "protect" him by refusing to admit certain medical evidence in the original hearing.
Psychological injury risks and mental health issues are receiving heightened levels of HR attention in light of pandemic-related stresses and remote working. This webcast discusses employers' legal obligations in this space, including reasonable adjustment considerations and implications for managing work processes.
The Fair Work Commission has rejected an employer's claim that a casual worker, found to have an expectation of ongoing employment, only deserved to be compensated for one shift after being sacked for misconduct.
An employee who said she'd escalate allegations of s-xual harassment if her employer wouldn't sign a deed of release didn't repudiate her employment contract, the Fair Work Commission has found.
An employee who admitted to making errors in her work even after receiving a final warning did not receive "explicit and plain and clear enough" notice to make her dismissal fair, the Fair Work Commission has ruled.
An employer had valid reason to sack a worker who tried to delete its Facebook page and behaved aggressively towards colleagues, but its process was so deficient it couldn't be called "fair", the FWC has found.
The Fair Work Commission has rejected that an employee was targeted for redundancy because of his workplace safety activities, finding his evidence "inconceivable", "speculative" and "weak".
A "difficult" employee's redundancy was not a ploy to get rid of him, the Fair Work Commission has found, noting he could have been exited more cheaply and quickly by other means.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
