An employer that sacked a worker by text message has failed to prove the dismissal was performance-related rather than discriminatory. Also in this article, a wrap of recent termination rulings; Australian leaders are too accepting of underperformance; Ageist workplace myths prevail; and more.
The Fair Work Commission has criticised an HR team for failing "at numerous points" to intervene and resolve a rostering dispute before it escalated to an "intractable situation".
The Federal Court has reaffirmed that employment policies aimed at addressing gender imbalance are protected from discrimination legislation, in a case brought by a former employee who alleges he was overlooked for a promotion because he is a man.
The Fair Work Commission has ordered an employer to reinstate a worker sacked for misconduct, finding it applied its processes inconsistently and subjected her to an "unjustified level of scrutiny".
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.
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.
