An employee who was promoted to a role she was unable to perform, and left "out of her depth", has been denied both reinstatement and compensation despite winning an unfair dismissal action.
The Fair Work Commission has rejected an employee's unfair dismissal claim, after refusing to accept his secret recording of a disciplinary meeting as evidence.
An employee has won the right to have his casual service included in the minimum employment period for lodging an unfair dismissal claim, after proving he had a reasonable expectation that his regular hours would continue.
A visa permitting an indefinite stay in Australia didn't extinguish an employer's right to summon a seconded employer back to his home country, the Fair Work Commission has ruled in rejecting his unfair dismissal application.
An employer that sacked an employee for taking excessive breaks and sleeping on the job could have done more to substantiate its allegations, but still had sufficient evidence to justify dismissal, the Fair Work Commission has ruled.
An employee has failed to convince the Fair Work Commission that he was not sufficiently warned prior to his dismissal for falsifying time and attendance records.
An employee's willingness to apologise, his ongoing health problems, and the impact of unemployment were not sufficient to render his dismissal harsh, the Fair Work Commission has found.
The Fair Work Commission has upheld the dismissal of an employee for dishonestly taking personal leave in order to attend a Wiggles concert with his son. In another case, an employee has been denied pay during a period of suspension for failing a dr-g test.
A white-collar worker who tested positive for alcohol has been reinstated after the Fair Work Commission found his employer wasn't "fully conversant" with its own policy.
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.
