An employer that made generalised accusations against an employee, despite having video footage of her alleged misconduct, practised a "form of entrapment", the Fair Work Commission has found in ordering her reinstatement.
An employer took unlawful adverse action in dismissing an employee because she was pregnant, a court has found, while two employees have failed to prove workplace complaints were the reason they were sacked.
Evidence of a worker's serious misconduct, no matter how strong, is no guarantee an on-the-spot dismissal will be considered fair in court, according to a lawyer.
Misapprehensions abound about summary dismissals and continue to trip up even the most vigilant employers. Watch this webcast to understand why employees can never be dismissed "on the spot", how to ensure workplace policies support disciplinary action, and more.
The Fair Work Commission has found it was harsh to sack an employee who claimed work incidents caused him to fail a random blood-alcohol test. Meanwhile, an employer criticised for massive procedural fairness failings is appealing an unfair dismissal ruling; a third state is introducing labour hire licensing; and more.
The fact it took an employer two weeks to sack an employee for a confidentiality breach indicated summary dismissal wasn't a reasonable response to his misconduct, the Fair Work Commission has ruled.
The Fair Work Commission has made a "rare and unusual" decision to award an employer indemnity costs after a worker lodged a general protections claim that was "doomed to fail".
The Fair Work Commission has condemned an employer for its "gross denial of natural justice" after it summarily dismissed an employee whose ex-wife claimed he was stealing from the company.
There is a fine line between respect and "insolence" when an employee is friends with their manager, and a worker who was sacked for bullying overstepped it, the Fair Work Commission has found.
High-performing HR teams set themselves apart in three ways, research has found. Meanwhile, a high-earning company director has been cleared to claim unfair dismissal, low-income employees feel psychologically unsafe to innovate at work, and more.
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.