The Fair Work Commission has ordered an employer to reinstate an employee it reported to the police and then sacked, finding it acted prematurely and relied on retributive complaints made by her subordinates.
Which of 2020's unfair dismissal cases will have lasting ramifications? This webcast provides a roundup of the year's most important rulings to put your organisation on the right footing in 2021.
A dismissal meeting that "blindsided" an employee accused of misconduct while on annual leave "should never have occurred in the way it did", the Fair Work Commission has chided.
An employee's dishonesty during an investigation into his out-of-hours misconduct made his dismissal fair, while a colleague sacked over the same incident won reinstatement. Also in this article: a roundup of recent dismissal rulings.
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.
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.
