An employer did not have an "unfettered right" to sack an employee for performance issues simply because she was still on probation, the Fair Work Commission has ruled.
The Fair Work Commission has found an employer fabricated evidence to defend an unfair dismissal claim from an employee whose role was made redundant just days after a positive performance meeting.
An employer whose warning letters to an underperforming employee were so positive that she claimed to have been unaware her employment was at stake has successfully defended an unfair dismissal claim.
A senior employee's disappointment over being excluded from a recruitment panel was the driving force behind his subsequent misconduct, but couldn't excuse it, a commission has found.
The Fair Work Commission has criticised an employer for compromising some fundamental rights when conducting psychometric assessments, but ultimately ruled a worker's dismissal was fair.
A tribunal full bench has criticised a judge for failing to consider the domestic abuse implications of reinstating an employee who was sacked for stalking a colleague.
An employer and individuals have been fined nearly $1m for underpaying workers; a bullied employee who was 'managed out' has been awarded $615k; Coles is facing a $150 million class action; and more.
Dismissing employees for poor performance can be challenging at the best of times, but in the current environment, where employees have less to lose by making a claim, it's even more of a minefield.
An employee who was unfairly dismissed for refusing to use his employer's fingerprint scanners has convinced the Fair Work Commission to reconsider his request for reinstatement.
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.
