The Fair Work Commission has accepted an employer's claim that its procedural failures when dismissing an underperforming manager didn't matter to the usual degree, because he had completed the minimum employment period only 11 hours earlier.
Employee resignations are on the rise, and so are disputes about whether they are genuine, or constructive dismissals. This Q&A discusses protective and preventative steps employers can take.
An employee who was "coasting along" under a remote manager has successfully challenged his dismissal, on the basis he was never properly warned that his performance wasn't up to scratch.
A manager should have better controlled his "easily triggered" temper, the Fair Work Commission has said in upholding his dismissal for verbally abusing a female colleague.
An employee's opportunity to respond before he was sacked for serious misconduct was too "narrow in scope", an FWC full bench has ruled, while nonetheless upholding the dismissal as fair.
The fact that a psychological assessment process lacked transparency was not enough to render an employee's dismissal unfair, the Fair Work Commission has ruled in rejecting an employee's appeal.
An employer has defended sacking a chief operating officer who misled its board in a "serious and material way", with the Federal Circuit Court rejecting his adverse action claim.
An employer has successfully appealed an order for it to reinstate a senior executive and backpay him $1 million, after a full Federal Court found the primary judge took an incorrect approach in assessing the evidence of the case.
A recruitment company used a stand-down direction to force a state manager to resign, so it could avoid paying her contractual entitlement to three months' notice, the Fair Work Commission has ruled.
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.
