An employee has successfully appealed a ruling that he was fairly dismissed for breaching his employer's harassment policy, arguing "significant tension" in the workplace mitigated the seriousness of his misconduct.
The Fair Work Commission has awarded an employee the maximum compensation for unfair dismissal, after finding his employer's failure to follow its own disciplinary process was "puzzling".
The Fair Work Commission has rejected an employer's argument that a senior employee resigned from his role rather than being dismissed, finding it "highly improbable" he would forego a $97k bonus.
The variety of decisions on whether to allow employers to be legally represented in employee claims reinforces the need for HR professionals to stay prepared to front the Fair Work Commission themselves, a lawyer says.
An employer had little choice but to sack a worker after giving him seven written warnings for insubordination and aggressive behaviour, the Fair Work Commission has ruled.
The Federal Circuit Court has slammed an employer's HR executives for allowing a "venomous" relationship to fester between a manager and his subordinate, resulting in an unlawful adverse action finding.
The seriousness of an employee's misconduct outweighed his employer's numerous disciplinary failings, the Fair Work Commission has found in rejecting his unfair dismissal claim.
A labour hire employee's previous work at a site did not count towards 'continuous service' after the host directly employed him, the Fair Work Commission has ruled.
The Fair Work Commission has found an employee did not breach his employer's workplace policies in expressing a view about domestic violence that was inconsistent with its philosophy, but has nonetheless rejected his unfair dismissal claim.
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.
