A "most unsatisfactory" approach to substantiating misconduct allegations has resulted in unfair dismissal compensation for an employee, whose aggressive behaviour caused a P&C manager to take stress leave.
An employee who couldn't return to her role after a traumatic workplace incident has failed to convince the Fair Work Commission her dismissal was unfair.
In dismissing the appeal of an employee sacked for code of conduct and privacy breaches, a Fair Work Commission full bench has rejected that the absence of an independent investigation rendered an employer's termination process unfair.
Organisations making urgent lay-offs must still comply with their consultation requirements, the Fair Work Commission has highlighted, in rejecting that an employer had no time to consult before making a role redundant.
Even if it's impossible for an employer to change a decision about planned redundancies, it must comply with its consultation obligations, a workplace lawyer says. Meanwhile, an enterprise bargaining specialist says it's never been more crucial for employers to have skilled negotiators at the table.
An employer took appropriate steps to ensure an unwell employee was "sound of mind" before accepting his resignation, a Fair Work Commission full bench has found in upholding its constructive dismissal appeal.
The Fair Work Commission has criticised an employer for requesting a stay of an unfair dismissal compensation order, after it failed to comply with the payment deadline.
In appealing an unfair dismissal ruling, an employer has unsuccessfully argued that prohibiting an employee from working after she resigned was a "reasonable operational decision".
It was unreasonable to summarily dismiss an employee for stealing food from her workplace, without unequivocal evidence that she didn't intend to pay for the items she ate, the Fair Work Commission has ruled.
A sacked employee has won reinstatement despite his employer's objections, with the Fair Work Commission accepting he could continue advocating for his jailed partner without adversely affecting its reputation.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
