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.
An employer and its managers took unlawful adverse action against an employee when they asked other workers to write complaints that would support their decision to sack her, the Federal Circuit Court has found.
An employer must compensate a manager it dismissed for "unlawfully" reformatting a company laptop to access personal files when his role was made redundant.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
