An employee who threatened a "media nightmare", after his employer refused to fly him home while he was distressed, was fairly dismissed, the Fair Work Commission has ruled.
It's a common mistake for employers to think they can dismiss employees during their probation period without implementing a procedurally fair process, says a workplace lawyer.
The Fair Work Commission has awarded an employee $20k for unfair dismissal after his employer failed to prove he was sacked for operational reasons rather than poor performance.
An employee who wrote "load of crap" on his performance review and told his superiors to "shut the f-ck up" in a meeting has been awarded compensation for a harsh dismissal.
An employer's attempt to defend an unfair dismissal claim on the grounds an employee was a contractor has backfired, with the FWC finding "a clear case of sham contracting", and ordering further investigation into staff with similar arrangements.
The Fair Work Commission has upheld the dismissal of an employee based on "damning" CCTV footage, but nevertheless reproached the employer for "turning a blind eye" to other workplace problems.
An employer has failed to have an employee's unfair dismissal claim thrown out on the basis that he repeatedly failed to comply with the Fair Work Commission's directions.
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