An employee who was sacked for misconduct that occurred while he was off duty has failed to convince the Fair Work Commission his dismissal was unfair.
The Fair Work Commission has found two employees were unfairly dismissed for making s-xual comments about a female colleague over a workplace chat system, ruling only one message breached its policies.
A casual employee whose shifts were cancelled has failed to claim he was unfairly dismissed, with the Fair Work Commission ruling his employment ended after a "breakdown in communication".
The High Court has begun hearing an appeal over how much personal leave employees working non-standard shifts are entitled to. Also in this article: a roundup of dismissal rulings and JobKeeper disputes; extensions to COVID-19 award changes; and more.
Two employers have failed to convince a Federal Court full bench that employees weren't entitled to redundancy pay because their dismissals were due to "ordinary" turnover of labour following a contract loss.
A "model employee" who claimed overtime for hours he didn't work has failed to convince the Fair Work Commission his dismissal was unfair because he was "balancing" hours owed to him.
The High Court has updated and publicised its s-xual harassment policies in the wake of findings against a former judge. Also in this article, Western Australia's new IR bill; an employee retrenched at the height of COVID-19 who saw her employer advertising jobs weeks later can claim unfair dismissal; and more.
Recent rulings and a lack of case law consensus show how difficult it can be to manage performance-related dismissals that also involve factors such as mental illness, says an employment lawyer.
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.
