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.
An employer was wrong to sack a manager without warning after his team delivered a JK Rowling book a day early, the Fair Work Commission has found, awarding him $50k in compensation.
The Fair Work Commission has chastised a large employer for dismissing an employee over the phone while she was on sick leave, likening its action to "tossing out a dirty rag".
An employer that made generalised accusations against an employee, despite having video footage of her alleged misconduct, practised a "form of entrapment", the Fair Work Commission has found in ordering her reinstatement.
An employer took unlawful adverse action in dismissing an employee because she was pregnant, a court has found, while two employees have failed to prove workplace complaints were the reason they were sacked.
Evidence of a worker's serious misconduct, no matter how strong, is no guarantee an on-the-spot dismissal will be considered fair in court, according to a lawyer.
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.
