It was "unrealistic" to expect an employer to wait for an injured employee to undergo therapy before dismissing him for being unable to perform the inherent requirements of his role, the Fair Work Commission has ruled.
An employer failed to conduct an open and transparent investigation into an employee's alleged misconduct, but this didn't warrant upholding her dismissal claim, the Fair Work Commission has ruled.
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.
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