Dismissing an employee for a racial slur made within earshot of a colleague who took offence was a "disproportionate" response to his conduct, the Fair Work Commission has ruled.
An employee who claimed he had no idea he was being performance managed has lost his unfair dismissal claim, after the Fair Work Commission found a lack of formal warnings didn't undermine the termination.
An employment lawyer has warned HR against dismissing underperforming workers without following formal processes, despite the Fair Work Commission recently validating such an approach.
An employer has been ordered to reinstate an employee it sacked for aggressively swearing at supervisors, after a commission found "unnecessarily restrictive" management prompted his outburst.
The Fair Work Commission has slammed an employer's "callous" dismissal of a mentally ill employee, while noting its "unfortunate" approach occurs frequently in successful unfair dismissal cases.
An employer had a valid reason to summarily dismiss an employee for sending abusive emails from his work address, the Fair Work Commission has ruled, finding they had the potential to damage the organisation's reputation.
Employers' obligations around redeployment remain one of the most misunderstood areas of restructures and redundancies, whether involving just one role or hundreds. In this webcast, an employment lawyer clarifies the 'genuine redundancy' exemption to unfair dismissal claims, role characteristics that make redeployment reasonable or otherwise, and more.
The Fair Work Commission has upheld an employee's unfair dismissal claim, finding the employer's two-month delay undermined its claim the sacking occurred for safety reasons.
An employee who was sacked for storing more than 1,200 p-rnographic and inappropriate emails in her work account was unfairly dismissed, a commission has ruled.
In this HR Daily Premium webinar, a lawyer will discuss the types of misconduct that can justify summary dismissal, why employees can never be dismissed "on the spot", and more. Premium members should click through to request a complimentary pass. Upgrade here for access if you're not already a Premium member.
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.
