The dismissal of an employee for drunken behaviour has "significant application across Australian workplaces" and warranted rehearing by appeal, the Fair Work Commission has ruled. Also in this article, D&I programs are missing their mark; communicating STP changes to employees; and more.
An employee who swore at his manager and threatened to put a colleague in an ambulance will receive compensation for a harsh dismissal after the Fair Work Commission found discrepancies between the allegations his employer relied on, and those he'd been asked to respond to.
An employee has lost his general protections claim after failing to convince a court he was sacked for being injured rather than a "bludger". Also in this article: new unfair dismissal rulings; why non-disclosure agreements should be "outlawed"; and more.
An employer whose HR officer was described as too busy to properly deal with an employee's attendance issues has failed to convince the Fair Work Commission that some errors in its unfair dismissal ruling warranted a rehearing of the case.
The Fair Work Commission has ordered an employer to pay redundancy entitlements to an employee who successfully argued a redeployment offer would have an "unreasonable impact" on her daily commute.
Giving a senior employee three months' notice of termination, then summarily dismissing him on "inexplicable" grounds after just a month, had the potential to cause such "extreme" damage to his reputation that it warranted $450k in damages, a court has ruled.
One employer will have to face an unfair dismissal claim lodged outside the 21-day timeframe after the Fair Work Commission accepted the employee had no internet access, but another employee has failed to prove his poor mental health prevented timely lodgment of his claim.
The Fair Work Commission has awarded $4000 compensation to an injured employee who was preparing to return to work when he was dismissed for misconduct that occurred eight months earlier.
A psychological assessment specialist has been ordered to provide its reasons for labelling an employee "unsuitable" for his job, to assist his unfair dismissal claim.
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.
