In granting a stay of a reinstatement order, the Fair Work Commission has ruled that an employee should receive what he would have earned if he returned to work, without any requirement to repay the money if his employer's appeal succeeds.
An employer that stopped rostering a casual worker after she lodged a stop-bullying application effectively sacked her, according to the Fair Work Commission, meaning it now has to face her general protections claim.
An employee who "hijacked" a meeting and then resigned in the heat of the moment has lost his unfair dismissal claim, after the Fair Work Commission accepted he engaged in serious misconduct that warranted termination.
After being on restricted duties for nearly seven years, an employee who claimed she might be fit to perform her pre-injury role "at some time in the future" has lost her unfair dismissal claim.
It was fair to summarily dismiss a worker who refused to change behaviour that reflected badly on his employer, even though the termination process was flawed, the Fair Work Commission has accepted.
"Numerous and significant" mitigating factors meant that despite her "brutal public humiliation" of another worker, a long-serving employee has successfully appealed against her proposed dismissal.
Questioning the need for an Acknowledgement of Country at the beginning of a weekly meeting was not misconduct that warranted dismissal, the Fair Work Commission has ruled.
Although failing to consult about redundancy would often render a dismissal via retrenchment unfair, an employer has defended an employee's claim based on his "inflexible" approach to workplace matters.
An employer has failed to convince a Federal Court full bench that a director merely acted upon an HR specialist's recommendation to dismiss an employee for misconduct, and wasn't driven by an "improper motive" when making her decision.
"Ill-advised" and controversial social media posts were a substantial and operative reason for an employer's decision to sack a casual employee, the Federal Court has ruled in upholding her unlawful termination claim.
