"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.
The Fair Work Commission has put an employer on notice following an "unbalanced" process that saw one employee sacked as a result of an argument, while the other wasn't even rebuked.
The Fair Work Commission has found that a "brutal" dismissal fell short of being harsh, because the employee had "clear and fair opportunities" to respond to the allegations against him.
The Fair Work Commission has upheld the dismissal of three employees for misconduct, finding the trio abused their positions to obtain a range of "extravagant personal benefits".
The dismissal of an employee for drunken behaviour has "significant application across Australian workplaces" and warranted rehearing by appeal, the Fair Work Commission has ruled. Also in this article, D&I programs are missing their mark; communicating STP changes to employees; and more.
An employee who swore at his manager and threatened to put a colleague in an ambulance will receive compensation for a harsh dismissal after the Fair Work Commission found discrepancies between the allegations his employer relied on, and those he'd been asked to respond to.
An employee has lost his general protections claim after failing to convince a court he was sacked for being injured rather than a "bludger". Also in this article: new unfair dismissal rulings; why non-disclosure agreements should be "outlawed"; and more.
An employer whose HR officer was described as too busy to properly deal with an employee's attendance issues has failed to convince the Fair Work Commission that some errors in its unfair dismissal ruling warranted a rehearing of the case.
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.
