An employer acted unfairly when it sacked an employee on the basis of lost trust and confidence, because it failed to provide enough evidence for its reasons, the Fair Work Commission has found.
The Fair Work Commission has commended an employer's procedurally fair process in the lead-up to dismissing an employee who was injured outside of work and could no longer perform her job.
An employer that admitted to keeping no accurate record of overtime in favour of a "trust system", yet sacked an employee who took unauthorised time off in lieu, has been ordered to pay compensation for unfair dismissal.
The Federal Government is appealing last month's ruling on personal leave entitlements, which if left unaddressed could cost employers up to $2 billion a year. Also in this article, a dismissal upheld despite its flaws; manager capabilities ranked by industry; and more.
A Qantas employee has failed to argue that the Fair Work Commissioner hearing his claim was biased and should recuse himself because he held memberships to the employer's airport lounges.
An employee has failed to convince the Fair Work Commission that a manager's email celebrating his impending dismissal was evidence that an investigation into his conduct had been predetermined.
The Fair Work Commission has criticised an employer's opaque decision-making process, while upholding the dismissal of an employee for serious misconduct.
An employer committed unlawful adverse action when it "went looking" for reasons to dismiss an employee after he complained about his performance management process.
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.
