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.
The Federal Circuit Court has slammed an employer's HR executives for allowing a "venomous" relationship to fester between a manager and his subordinate, resulting in an unlawful adverse action finding.
The seriousness of an employee's misconduct outweighed his employer's numerous disciplinary failings, the Fair Work Commission has found in rejecting his unfair dismissal claim.
A labour hire employee's previous work at a site did not count towards 'continuous service' after the host directly employed him, the Fair Work Commission has ruled.
The Fair Work Commission has found an employee did not breach his employer's workplace policies in expressing a view about domestic violence that was inconsistent with its philosophy, but has nonetheless rejected his unfair dismissal claim.
In a case that shows the "inescapable nature of social media" extending to the legal space, the Fair Work Commission has found an employee's Facebook posts about his holidays undermined his reasons for not lodging an unfair dismissal claim on time.
The Fair Work Commission has described an employer's approach to returning an employee to work as "patient and generous", and rejected his claim for unfair dismissal.
A tribunal has rejected an employee's claim that he was unfairly sacked following his conviction for domestic violence, which he argued was not sufficiently connected to his employment to warrant his dismissal.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
