An employer had a valid reason to sack a worker for being unable to perform the inherent requirements of her role, but sending a letter to the wrong address made the dismissal unfair, the Fair Work Commission has ruled.
An employee who was sacked after missing work due to domestic violence issues has failed to prove her dismissal amounted to discrimination on the basis of her gender.
In separate adverse action cases, one employer has been ordered to compensate a worker it sacked for asking about bonuses, and another has defended a claim of constructive dismissal.
An employee who argued she was "doomed to fail" has lost her unfair dismissal claim. Also in this article, the top complaints managers make about summer workplace behaviour; "fascinating" findings about workaholics' engagement; employees disconnected to purpose and values; and more.
The Fair Work Commission has ordered an employer to reinstate a worker who was sacked for s-xually harassing a female trainee, after it found the trainee's evidence was unreliable.
An employer might have an "arguable" appeal case against a finding it unfairly sacked an employee who engaged in a heated email exchange with his CEO, the Fair Work Commission has ruled.
In separate s-xual harassment cases, derogatory and hostile comments towards a female colleague warranted an employee's dismissal but the employer's procedural flaws made it unfair; and another employer has defended sacking a worker for sending explicit images to his manager.
The Fair Work Commission's conciliation process can save employers time and costs in responding to unfair dismissal claims, but on specific occasions they should avoid it, according to workplace lawyers.
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.
