Dismissal | Page 118 (1,795 items)

An employer has failed to overturn reinstatement orders for an employee who claimed he tested positive to illicit drugs as a result of touching rather than ingesting them.

A Commissioner's "hesitant" decision to reinstate an employee has been overturned after a full bench found a worker with his long tenure had no excuse for breaching established procedures.

A tribunal has upheld an employee's sacking for absenteeism and "confrontational and aggressive" behaviour, rejecting her claim that she was not adequately warned about her conduct.

An employer that sacked a worker by text message has failed to prove the dismissal was performance-related rather than discriminatory. Also in this article, a wrap of recent termination rulings; Australian leaders are too accepting of underperformance; Ageist workplace myths prevail; and more.

The Fair Work Commission has criticised an HR team for failing "at numerous points" to intervene and resolve a rostering dispute before it escalated to an "intractable situation".

The Federal Court has reaffirmed that employment policies aimed at addressing gender imbalance are protected from discrimination legislation, in a case brought by a former employee who alleges he was overlooked for a promotion because he is a man.

The Fair Work Commission has ordered an employer to reinstate a worker sacked for misconduct, finding it applied its processes inconsistently and subjected her to an "unjustified level of scrutiny".

An employer acted unfairly when it sacked an employee on the basis of lost trust and confidence, because it failed to provide enough evidence for its reasons, the Fair Work Commission has found.

The Fair Work Commission has rejected an employee's claim that being denied flexible work amounted to a constructive dismissal.

The Fair Work Commission has commended an employer's procedurally fair process in the lead-up to dismissing an employee who was injured outside of work and could no longer perform her job.