A "rogue" manager prompted an employee to resign by showing her a draft dismissal letter without his employer's knowledge or permission, the Fair Work Commission has found in ruling the resignation wasn't forced.
The Fair Work Commission has affirmed it cannot reopen a settled unfair dismissal dispute, despite an employee's complaint about non-compliance with its terms. Also in this article, new case law involving redundancy consultation, absenteeism, CCTV surveillance and underpayments; gender equality becomes law in Victoria; and more.
A Fair Work Commissioner failed to consider whether an employee's sacking for excessive absenteeism was fair in light of his medical condition, a full bench has ruled in allowing an appeal.
An employer's "abject failure" to consult with a pregnant employee prior to making her role redundant rendered its decision harsh and unjust, the Fair Work Commission has ruled.
The five-minute disciplinary meeting that preceded an employee's summary dismissal was a chance to show cause "in name only", and more akin to an "ambush", the Fair Work Commission has found.
An employer that offered a "beyond generous" settlement to a sacked employee has successfully argued she should pay its costs of defending her dismissal claim. Also in this article, the FWC upholds the dismissal of an employee who ignored multiple warnings about her behaviour; what's holding back tomorrow's workplace leaders; and more.
An employer that used CCTV footage as the basis for disciplinary action did not breach the worker's privacy in the process, a tribunal has found, noting he was "well aware" he was being filmed, and of how the footage might be used.
An employee who was unfairly sacked but received no compensation because she was 'incompetent' has successfully appealed the ruling. Also in this article, new rulings on bullying, contract breaches, PIPs and harassment; changes flagged for PPL; and more.
The Fair Work Commission has criticised an employer's "inconsistent" and "risky" zero-tolerance D&A policy, ordering reinstatement for an employee sacked after failing a random test.
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.
