The "commensurate" positions an employer offered its workers because their roles were no longer required were in fact demotions that repudiated their employment contracts, the Fair Work Commission has found.
Withdrawing a job offer after a candidate made "persistent phone calls and negative comments" could not have been an "illegal termination", because no employment relationship yet existed, the Fair Work Commission has found.
An executive's acceptance of a mutual separation offer via email amounted to a binding settlement, even though he never signed the deed of release, the Fair Work Commission has found in throwing out his general protections dispute.
An employer had a valid reason to dismiss an employee who breached its code of conduct, and its decision was fair regardless of whether she'd been specifically trained in the circumstances that led to her actions, the Fair Work Commission has found.
A young white employee "imputed with conservative political beliefs" has had his general protections bid thrown out, after a court found his claim was largely a "crusade" against diversity and inclusion.
A manager's "dramatic" shift from supporting an employee to sacking her for serious misconduct was driven by "vindictive personal reasons", the Fair Work Commission has found, in awarding her $56k in compensation.
A Fair Work Commission full bench has denied an employer permission to appeal against reinstating a sacked worker, ruling there were no errors in a previous finding that the dismissal was valid, but unreasonable.
Dismissing an employee by text, without warning and without a valid reason, was "inappropriate and regrettable", the Fair Work Commission has found in ordering compensation.
Redundancies are sometimes a necessary part of organisational change, and even well-managed processes can result in claims from departing employees. Watch this HR Daily Premium webcast to understand how to restructure while minimising legal risks and fallout.
The fact that an employee's false bullying allegations against a colleague were just "bluff and bluster" made in the "heat of battle" didn't excuse his conduct, the Fair Work Commission has found in upholding his dismissal.
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.
