An employer's attempt to defend an unfair dismissal claim on the grounds an employee was a contractor has backfired, with the FWC finding "a clear case of sham contracting", and ordering further investigation into staff with similar arrangements.
The Fair Work Commission has upheld the dismissal of an employee based on "damning" CCTV footage, but nevertheless reproached the employer for "turning a blind eye" to other workplace problems.
An employer has failed to have an employee's unfair dismissal claim thrown out on the basis that he repeatedly failed to comply with the Fair Work Commission's directions.
An employer had a valid reason to dismiss an employee, but failing to refer to it in his termination letter rendered its actions unfair, the Fair Work Commission has found.
An employee unfairly dismissed for refusing to use his employer's fingerprint scanners has been awarded nearly $25,000 compensation, but has not won his job back due to his "ongoing hostility" towards management.
A Fair Work Commission full bench has found no evidence to support a ruling an employer had "sinister" motives for demanding an employee transfer overseas after he engaged in misconduct.
In a long-running matter, an employee has again failed to argue that in not following its grievance resolution procedures, his employer breached his employment contract.
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.
