An employee sacked for deliberately misusing his company credit card has been awarded compensation for unfair dismissal after the Fair Work Commission found his employer's response was "severely flawed", and amounted to an ambush.
An employer has failed to argue it "broadly complied" with redundancy consultation obligations, with the Fair Work Commission saying the steps it took could "never constitute meaningful consultation".
A redeployment offer that added nearly two hours to an employee's daily commute was reasonable, the Fair Work Commission has ruled in reducing his redundancy pay. Also in this article: a roundup of recent dismissal cases; and other compliance developments.
In a case that illustrates the perils of growing "weary or impatient" when trying to follow a fair termination process, the FWC has upheld a "confrontational" employee's unfair dismissal claim.
An employer has to pay a casual employee maximum compensation for unfair dismissal, after asking her to work unpaid extra hours because she received JobKeeper while on sick leave.
Dismissing an employee who had been absent for more than two years was unfair, the Fair Work Commission has ruled, because the employer lacked evidence he would be unable to perform the inherent requirements of his role in the future.
A ruling that an out-of-hours fight between colleagues was not sufficiently connected to work to warrant an employer's disciplinary action sends a big warning ahead of end-of-year events, a workplace lawyer says.
The Fair Work Commission has rejected a major employer's claim that an employee's out-of-hours fight with a colleague was a valid reason for dismissal.
In a case where "significant" matters supported reinstating an employee who was unfairly dismissed, a Fair Work Commission full bench has found his lack of respect and "obvious" continued grievance made such an order inappropriate.
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.
