The Fair Work Commission has found an employment relationship began the moment a contingent worker accepted an offer of direct employment, but has cleared the company of unfairly dismissing him when it withdrew its offer days later.
The Federal Circuit Court has accepted an employer sacked a worker for harassing and intimidating colleagues, not for making workplace s-xual harassment and safety complaints as she alleged in her adverse action claim.
A casual worker employed on a 'temporary' assignment has been cleared to claim unfair dismissal, after the Fair Work Commission heard an extension of her contract had no end date.
In analysing what constitutes a constructive dismissal, the Fair Work Commission has found an employee's resignation following misconduct allegations amounted to termination at her employer's initiative.
The Fair Work Commission has found an employer had a valid reason to sack an employee just days before he returned from medical leave, after he repeatedly refused to hand over covert workplace recordings to assist a bullying investigation.
An employer whose dismissal process was described as involving a plethora of deficiencies has won an appeal against reinstating the worker it sacked for swearing at and threatening his colleagues. Also in this article, a roundup of recent dismissal rulings; new submissions on extending the Fair Work Act; the extent of workplace boredom; and more.
An employer displayed "considerable irony" in sacking an employee for workplace policy breaches while failing to follow its own investigations procedure, the Fair Work Commission has found.
An employer that stood down a worker facing criminal charges, then sacked him for being absent from work for too long, has been ordered to reinstate him.
An employee warned for breaching company policy twice in one shift was not unfairly dismissed, despite being just weeks away from qualifying for long service leave, the Fair Work Commission has ruled.
The Fair Work Commission has upheld the dismissal of an employee who called managers "c-nt" and "f-ggot", rejecting his claim that bipolar disorder fuelled his behaviour.
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.
