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.
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.
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.
