An employer unlawfully discriminated against a worker based on his age and disability when a manager sacked him because he had a bad back, poor hearing and was "too old", a tribunal has ruled.
The extent of employers' duty of care to employees during workplace investigations is set to be examined by the High Court, after a worker who unsuccessfully sued for damages following an "insensitive" investigation was granted special leave to appeal the ruling.
An employer's delay in refusing an employee's annual leave request, and its subsequent decision to dismiss her, amounted to "serious mismanagement", the Fair Work Commission has ruled.
An employee who "voluntarily" made herself unfit for work by consuming alcohol engaged in misconduct, but not to an extent that warranted her dismissal, the Fair Work Commission has found.
Failing to offer an employee a support person for a disciplinary meeting contributed to his "heat of the moment" resignation and ultimately made the termination of his employment unfair, the Fair Work Commission has ruled.
An employer that sacked a worker for not being a "good fit" for her role has been ordered to compensate her for unfair dismissal, after the Fair Work Commission found its process was procedurally unfair.
Recent redundancy decisions that have been overturned involve a redeployment sabotage, abandoned performance management, inadequate consultation, and more.
An employer's procedural errors weren't so great as to make a manager's dismissal for drinking while at work unfair, the Fair Work Commission has ruled. Meanwhile, an employee's mass email speculating about job cuts justified his sacking, while another's abusive response to an "overly keen" supervisor also warranted termination.
An employer's dismissal of its most senior manager following employee complaints was "capricious, spiteful and prejudiced", the Fair Work Commission has ruled.
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.
