Although an employee became "disillusioned" during her performance management, the process was fair, and she had options other than agreeing to terminate her employment, the Fair Work Commission has found in rejecting her unfair dismissal claim.
An employee's misconduct didn't involve "innocuous indiscretions", as he claimed, but rather a pattern of inappropriate and careless behaviour, the Fair Work Commission has ruled in unfair dismissal proceedings.
An employee was "playing games" with his employer when he ignored its messages and refused to comply with directions, the Fair Work Commission has found, in ruling he was fairly sacked for misconduct.
An employee doesn't have to correctly identify an employer to make a valid general protections claim against it, a Fair Work Commission full bench has affirmed.
It wasn't reasonable to require an employee to "identify feelings within himself and how they may present in others" as part of a performance improvement plan, the Fair Work Commission has ruled in unfair dismissal proceedings.
Failing to give an employee even a "brief opportunity" to provide evidence of her current and future fitness for work made her dismissal unfair, the Fair Work Commission has ruled.
Dismissing an employee over the phone before the end of his performance improvement plan was fair, the Fair Work Commission has found, in circumstances where he hadn't ever met his sales targets.
After accusing an employee of misconduct because she'd complained about being forced to take annual leave, an employer then effectively dismissed her when it took her departure from work as a resignation, the Fair Work Commission has found.
The Fair Work Commission has rejected that an employee's fourth consecutive fixed-term contract was excluded from the Fair Work Act's limitations, finding he was dismissed.
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.