An HR business partner's "minimal understanding" of the policy relied on to sack an employee "significantly" undermined the fairness of the dismissal, the Fair Work Commission has ruled.
An unexplained absence from work constituted abandonment of employment even though the employee was experiencing "extreme" mental health issues, the Fair Work Commission has ruled.
A workplace complaints process required some "reasonably painful bureaucratic steps", but it didn't leave an aggrieved employee with no option other than to resign, the Fair Work Commission has ruled.
Performance conversations that weren't as "overt" as they could have been contributed to an employee's confusion regarding the reasons for her dismissal, but her employer's decision wasn't unlawful, the Fair Work Commission has ruled.
A reinstatement order for a long-serving employee who was sacked for breaching a workplace D&A policy has been upheld, after a Fair Work Commission full bench found the decision wasn't "unreasonable or plainly unjust".
Implementing a support plan, holding frequent meetings and providing performance feedback from multiple people were all reasonable actions, a commission has ruled in a dispute over liability for an employee's psychological injury.
An employer has failed to prove that it didn't dismiss a worker when it repeatedly refused her requests for part-time work after a period of parental leave.
It was retaliatory and "cold-hearted" of an HR manager to ask an absent employee to attend meetings, and to repeatedly deny his requests for annual leave after his sick leave ran out, the Federal Circuit Court has found in upholding his adverse action claim.
Sacking an employee seven years after he sent "intimate" messages to a subordinate was warranted, but his otherwise unblemished record made the dismissal harsh, the Fair Work Commission has found in ordering his reinstatement.
