Despite defending an unfair dismissal claim from a worker it had "every right" to sack, an employer has failed to win an order for all of its legal costs.
A deed of release prevented an employee from pursuing a general protections claim in the Fair Work Commission, a full bench has ruled, in refusing to disturb a finding that he signed it willingly.
An employer constructively dismissed an employee after its HR manager failed to investigate her bullying complaints and instead accused her of misconduct, the Fair Work Commission has found.
It was unfair to say an employee "should have known" that his performance was unsatisfactory, when the employer gave him no warnings and failed to follow its own policy before summarily dismissing him, according to the Fair Work Commission.
After complaining about dangerous workplace behaviour, an employee resigned in the heat of the moment, according to the Fair Work Commission, and his employer should have waited to confirm his intentions rather than accept it.
It "defies belief" that an employer would defend a consultation process as "best practice", when it involved informing a manager of his termination during an impromptu coffee meeting in a busy street, according to a tribunal.
An employer's decision to create a new role to absorb an employee's duties didn't mean her redundancy wasn't genuine, the Fair Work Commission has found.
An employer didn't act "with undue haste" regarding a worker whose visa renewal arrived just days after he was sacked for not having Australian work rights, the Fair Work Commission has ruled.
The Fair Work Commission has used a "rarely exercised" power to revoke an unfair dismissal ruling it made in an employee's favour, after finding she misled both her employer and the tribunal.
An employer wasn't obligated to provide a detailed employment contract for a "directly comparable" redeployment opportunity, the Fair Work Commission has found, in ruling it fulfilled its consultation requirements and the redundancy was genuine.
