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.
An employee's dismissal shortly after his probation would have been fair had his employer not failed to give him a final warning as required by the relevant award.
An employer has defended sacking an employee who altered personnel files to help his family members obtain jobs they would not otherwise have been considered for.
An employee who was sacked for abandoning his employment, despite his employer knowing he was certified unfit for work, has been awarded maximum compensation for unfair dismissal.
An employer had a valid reason to sack a sick employee for failing to attend three consecutive shifts without consent, but its haste in doing so made the dismissal unfair.
An employee was not required to correct HR's misunderstanding of his "clearly" conditional resignation, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
The Fair Work Commission has cautioned employers against pre-preparing termination letters, after finding an employee was unfairly dismissed for failing to sufficiently improve her performance.
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.
