The Fair Work Commission has ruled that an employee's service with a labour hire company should count towards his tenure with a direct employer at the same site, for the purposes of an unfair dismissal claim.
The Fair Work Commission has awarded compensation to a project worker for unfair dismissal, after finding his employment contract was "vague" on how long he'd be employed for.
An injured employee has failed to convince the Fair Work Commission that his dismissal for not providing information about his condition was cruel and insensitive.
An employer that sacked a worker after a client removed her site access has failed to defend an unfair dismissal claim by arguing its "hands had been tied".
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.
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.
