A Commissioner has expressed hesitation in reinstating an employee who breached the same rule three times in 12 months, but deemed it the "only" appropriate remedy in the circumstances.
A Federal Court judge has called for employees to be better educated about their rights upon termination, in rejecting a dismissal claim wrongly pursued under general protections laws by a "confused" employee.
Taking a pre-prepared termination letter into a disciplinary meeting is a "classic example" of how employers trip up on procedural fairness when dismissing employees, says a workplace lawyer.
An employee who was dismissed for serious misconduct was not afforded procedural fairness partly because her employer failed to take into account her "quiet and timid" personality, the Fair Work Commission has ruled.
The Fair Work Commission has awarded $9000 in compensation to an employee it found was unfairly dismissed after an aggressive altercation with a co-worker.
An employer that claimed it warned an employee about his conduct on multiple occasions before dismissing him, has undermined its reliance on a zero-tolerance policy to support its actions, the Fair Work Commission has ruled.
The Fair Work Commission has dismissed an application by three employees for "oppressive" interim stop-bullying orders. Also in this article, an employee loses her constructive dismissal appeal; an employer wins a dispute over PPL eligibility; and more.
"Significant fluctuations" in an employee's enthusiasm for redeployment were more problematic than minor flaws in his employer's processes, the Fair Work Commission has found, accepting his redundancy was genuine.
A Fair Work Commission full bench has cleared an employer to use CCTV footage to defend an unfair dismissal claim, despite an earlier finding that it had been unlawfully obtained.
A tribunal has ordered an employer not to sack a whistleblowing manager for at least three months, accepting he could arguably win an unfair dismissal action.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
