An employer had no obligation to reverse an employee's resignation, the Fair Work Commission has ruled, finding her requests for reconsideration were disingenuous.
An "argumentative and difficult" employee with a history of misconduct was unfairly sacked partly because his employer advised him of its decision via email, the Fair Work Commission has ruled.
The Fair Work Commission has rejected an employee's arguments that an HR manager 'forced' him to sign a settlement deed and that he should be able to pursue an unfair dismissal claim.
The Fair Work Commission has rejected that an employee should have been aware his performance was below the required standard because his manager had daily informal discussions with him about targets.
Honesty and cooperation following workplace misconduct isn't "noteworthy" behaviour that mitigates its seriousness, the Fair Work Commission has ruled in rejecting an unfair dismissal claim.
An employer accused of taking sides when a workplace affair went sour was in fact "amenable, flexible and considerate", the Fair Work Commission has found in rejecting a constructive dismissal claim.
An employer that made a manager's role redundant, then sought to settle his unfair dismissal claim by offering to re-employ him, did not act unlawfully, the Fair Work Commission has found. But in another case, an employer that didn't consult with an employee beyond initial talks because it saw the task as futile has been ordered to pay him compensation.
The Fair Work Commission has rejected a worker's claim that the level of control an organisation exercised over his work indicated an employment rather than contracting relationship.
A supervisor showed "great restraint" when dealing with a difficult employee's performance issues, the Fair Work Commission has found in dismissing a stop-bullying application.
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.
