An employer has failed to convince a Federal Court full bench that a director merely acted upon an HR specialist's recommendation to dismiss an employee for misconduct, and wasn't driven by an "improper motive" when making her decision.
"Ill-advised" and controversial social media posts were a substantial and operative reason for an employer's decision to sack a casual employee, the Federal Court has ruled in upholding her unlawful termination claim.
An employee who breached an AVO by approaching his former partner at work has failed to convince the Fair Work Commission it was a "family matter" and that his dismissal was unfair.
An employer's actions probably contributed to the stress an employee was under when she resigned, but that didn't mean it "forced" her decision, the Fair Work Commission has found.
A supervisor was unfairly sacked for bullying and timekeeping fraud, the Fair Work Commission has ruled, finding his employer denied him an opportunity to defend himself.
An employee's paid agent, who threatened not to participate in conciliation if his offer to settle an unfair dismissal claim wasn't accepted, will potentially have to pay nearly $29k as a result of his unreasonable actions.
Allowing a supervisor to retract his resignation on the condition of returning to work as a team member amounted to a dismissal, the Fair Work Commission has ruled.
Expressing frustration about management or operational issues "is a common incident of life at any workplace", and doesn't always qualify as a "complaint", the Federal Circuit Court has affirmed in adverse action proceedings.
A mutually agreed termination couldn't later be characterised as a dismissal, even if the parties were in dispute about its terms, 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.
