The Fair Work Commission has rejected arguments that an employer could avoid paying a sacked manager in lieu of notice because he was receiving workers' compensation at the time.
An employer was understandably alarmed at discovering an employee conducting a self-described "side hustle", but it acted "too hastily" in dismissing him, the Fair Work Commission has ruled.
An employee has lost her chance at an adverse action appeal; meanwhile her support person is being referred to Police after overstepping his role and sending a series of "abusive" emails to the Fair Work Commission.
It was "unrealistic" to expect an employer to wait for an injured employee to undergo therapy before dismissing him for being unable to perform the inherent requirements of his role, the Fair Work Commission has ruled.
An employer failed to conduct an open and transparent investigation into an employee's alleged misconduct, but this didn't warrant upholding her dismissal claim, the Fair Work Commission has ruled.
An employer acted with "undue haste" in fast tracking two warnings about a manager's misconduct, when it would have been "relatively easy" to obtain her response to its allegations before sacking her.
An employer's inconsistent disciplinary response to a workplace incident rendered a supervisor's dismissal unfair, the Fair Work Commission has ruled in ordering reinstatement.
A poor-performing employee was not given an adequate opportunity or support to improve, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
A senior manager who suffered a mental breakdown has successfully claimed his "brutal" dismissal was adverse action, resulting in more than $5.2 million in damages and fines.
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.
