Two employees have successfully argued that their post-termination mental health should excuse their late unfair dismissal claims, in separate cases before the Fair Work Commission.
An employee who won reinstatement after the Fair Work Commission found he was unfairly sacked for an "expletive filled tirade" at work has been awarded 15 months of entitlements.
A Fair Work Commission full bench has overturned a finding that an employer acted unfairly when it disciplined and ultimately sacked a worker who claimed his misconduct arose from a mental illness.
An employee's intimidating behaviour towards a female colleague was "short lived", but nonetheless provided a valid reason to dismiss him, the Fair Work Commission has ruled.
An employer has failed to convince the Fair Work Commission it was fair to dismiss an employee for misconduct, when it had no policies to back up its complaints about his behaviour.
The Federal Circuit Court has accepted that an employer did not sack an employee for insisting that it investigate his workplace bullying complaint, finding the organisation's response was reasonable.
An employer didn't bully or harass an employee who had an "emotional reaction" to its repeated enquiries about her medical information, the Fair Work Commission has ruled.
Despite being one of Australia's largest employers, Coles has successfully argued its HR team lacks the skills required to defend a complex unfair dismissal claim. Also in this article, an employer publicly apologises for employment law breaches; and more.
An employer was wrong to sack an employee whose public critiques breached its code of conduct when he had a right to express himself freely under its enterprise agreement, a court has ruled.
An external email implying an employee was sacked for "disciplinary reasons" was defamatory, a court has ruled in awarding him more than $230k in damages.
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.