The Fair Work Commission has awarded an employee $20k for unfair dismissal after his employer failed to prove he was sacked for operational reasons rather than poor performance.
An employee who wrote "load of crap" on his performance review and told his superiors to "shut the f-ck up" in a meeting has been awarded compensation for a harsh dismissal.
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.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.