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.
An employer has convinced a Fair Work Commission full bench that a Commissioner who "expressed strong views" on an employee's unfair dismissal claim had not afforded it procedural fairness before deciding in her favour.
The Fair Work Commission has upheld the dismissal of a senior employee for a serious safety breach, finding he should have known better given his 34 years of service.
In two new rulings, the Fair Work Commission has shed light on when a casual will be considered to have completed the minimum employment period to gain unfair dismissal rights; and has rejected an Uber driver's claim that he was an employee.
An employee who responded to theft allegations claiming he'd made "a joke", and who called a manager and HR partner "despicable human beings" on social media, has lost his unfair dismissal claim.
A Commissioner has expressed hesitation in reinstating an employee who breached the same rule three times in 12 months, but deemed it the "only" appropriate remedy in the circumstances.
A Federal Court judge has called for employees to be better educated about their rights upon termination, in rejecting a dismissal claim wrongly pursued under general protections laws by a "confused" employee.
Taking a pre-prepared termination letter into a disciplinary meeting is a "classic example" of how employers trip up on procedural fairness when dismissing employees, says a workplace lawyer.
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.
