A star employee's resignation can trigger a "highly personal reaction" from their manager, so HR has a real challenge in preventing behaviours that can hinder a smooth transition, employment lawyers say.
An employee who was sacked for refusing to perform aspects of a role he'd been redeployed to has won reinstatement to a different position, with the Fair Work Commission finding he was "simply the wrong person for the job".
An employee who was unfairly sacked for failing to attend a medical exam was not entitled to reinstatement, because his "bombardment" of emails to HR destroyed the employment relationship, the Fair Work Commission has found.
A worker who was sacked for breaching his employer's zero-tolerance drug and alcohol policy has had his unfair dismissal claim rejected, despite his employer questioning the test results and admitting to procedural unfairness.
In a case that reinforces the importance of addressing underperformance early, an employee who didn't realise her performance was jeopardising her job until it was too late has successfully claimed she was unfairly dismissed.
An employee's "habitual" lateness in the face of multiple warnings left his employer with "no alternative" but dismissal, the Fair Work Commission has found.
An employee who was sacked on grounds that defied "any reasonable analysis" has lost his unfair dismissal appeal, after a commission found he fabricated evidence and made critical Facebook posts about his employer.
In a case the Fair Work Commission found "disturbing on a number of levels", an employee whose supervisory practices constituted bullying and harassment has failed in her unfair dismissal claim.
An employer that sacked a worker over a breakdown in the employment relationship has been criticised for failing to resolve a conflict between her and her colleagues.
Shifting the emphasis in unfair dismissal proceedings off process and onto the reasons for termination would - if implemented - be a welcome change for HR professionals, employment lawyers say.
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.
