An employee sacked for misconduct has won an appeal against his dismissal due to flaws in the investigation, which included "inexplicable and unconscionable delay".
The Fair Work Commission has upheld an employee's unfair dismissal claim despite "some level of underperformance". Also in this article: new cases on 'reasonable management action', workplace investigations gone wrong, redundancies and more.
An employee who was "clearly" frustrated about his delayed return to work after an injury deserved to be dismissed for his derogatory comments to an HR manager, the Fair Work Commission has ruled.
An employee accused of spreading rumours about her boss has successfully argued she was constructively dismissed following a "humiliating" investigation process.
An employee's bid for interim orders restraining her employer from disciplining or dismissing her until her stop-bullying application is finalised has been rejected on appeal.
An HR manager has failed to argue that mentioning potential redundancies during a toolbox meeting satisfied consultation requirements. Also in this article: new misconduct and discrimination cases; proposals to extend parental leave; and more.
The Fair Work Commission has awarded redundancy pay to an employee whose role was terminated while he was on sick leave, finding an HR consultant's communication with him was confusing, "unnecessarily aggressive" and unreasonable.
A worker who was dismissed when pandemic restrictions forced her employer to close, but then was rehired under JobKeeper, has failed to convince the Fair Work Commission her employment tenure was unbroken.
It was sensible for an employer to introduce new permanent staffing arrangements to address its poor culture, but in doing so it unfairly dismissed a casual employee, the Fair Work Commission has found.
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.
