"Anomalies" in an employer's management of performance and conduct issues meant the process lacked clarity and resulted in a dismissal that was valid, but harsh, the Fair Work Commission has found.
The prospect of general protections claims lodged on the basis of employees' "future workplace rights" is an important area for employers keep an eye on, a lawyer says.
Frustrated by his workload, an employee quit "impulsively and under some pressure", but confirming his intentions an hour later meant the employer was entitled to treat his resignation as "unambiguous", the Fair Work Commission has ruled.
A performance improvement plan gave an employee "ample" opportunity to demonstrate better workplace communication, but she "missed it by a mile", a commission has ruled in upholding her dismissal.
An employee, who asked to reduce her hours when returning from parental leave, did not effectively resign when she indicated that she wouldn't return to a full-time position, the Fair Work Commission has found.
A full bench of the Fair Work Commission has upheld the reinstatement of an employee who was sacked for taking medically prescribed cannabis, despite his employer's appeal on workplace safety grounds.
An employee had "untenable" expectations for workplace adjustments, the Fair Work Commission has found, given she hadn't disclosed a psychological condition to her employer.
Dismissing workers who are convicted of a criminal offence sometimes imposes an unfair "second tier of justice" and effectively makes employers "part of the punitive apparatus", argues a new research paper.
General protections claims show no signs of slowing down, and six-figure compensation orders aren't unusual. Watch this HR Daily Premium webcast to refresh your knowledge of the Fair Work Act's adverse action provisions and learn how the jurisdiction is evolving.
Despite being described as "a most diļ¬cult and challenging employee for even the most patient of employers", a worker has won her adverse action claim, with the Federal Circuit Court finding her redundancy was orchestrated.
