Dismissal | Page 24 (1,922 items)

An employee had "untenable" expectations for workplace adjustments, the Fair Work Commission has found, given she hadn't disclosed a psychological condition to her employer.

Dismissing workers who are convicted of a criminal offence sometimes imposes an unfair "second tier of justice" and effectively makes employers "part of the punitive apparatus", argues a new research paper.

General protections claims show no signs of slowing down, and six-figure compensation orders aren't unusual. Watch this HR Daily Premium webcast to refresh your knowledge of the Fair Work Act's adverse action provisions and learn how the jurisdiction is evolving.

Despite being described as "a most difficult and challenging employee for even the most patient of employers", a worker has won her adverse action claim, with the Federal Circuit Court finding her redundancy was orchestrated.

In ordering an employee's reinstatement, the Fair Work Commission has criticised an employer's "unshakeable view" of a workplace altercation and found he acted in self-defence.

Read the webcast description here then watch the full presentation with premium membership.

The Fair Work Commission has issued a warning that AI tools are "no substitute for knowledge and understanding", in a case involving a worker who used ChatGPT to prepare her unfair dismissal claim.

A casual worker has won compensation for unfair dismissal, with the Fair Work Commission noting that, given her years of loyal service, "she deserved better than an immediate dismissal communicated through a coworker".

An employee who complained he shouldn't have to undergo communication training, because he had ADHD and autism, was fairly sacked for misconduct, the Fair Work Commission has ruled.

Genuine concerns about an employee's mental health warranted directing her to undergo an independent medical examination, and her repeated failure to attend provided a lawful and valid reason for her dismissal, a tribunal has ruled.