When an employer argues against reinstating a worker whose dismissal has been ruled unfair, it must go beyond setting out some grounds for lost trust and confidence and asking the Fair Work Commission to "assume" such a loss has occurred, a new decision shows.
After its workplace training was described as a "tick and flick" exercise, an employer has been ordered to compensate a worker who engaged in "totally unacceptable" behaviour.
It was "unfortunate" that the support person an employee chose for his redundancy meetings then took over some of his duties, but the Fair Work Commission has rejected that he was unfairly dismissed.
An employer dismissed a worker for unsubstantiated performance issues, without proper warning, and denied him an opportunity to respond, the Fair Work Commission has found.
An employee who resigned after her annual leave request was denied wasn't dismissed, nor did she act in the "heat of the moment", the Fair Work Commission has found.
Despite accusing his employer of unlawful conduct and abusive management practices, an employee had options other than quitting his role, according to the Fair Work Commission.
Simply "going through the motions" after making a dismissal decision doesn't provide procedural fairness, the Fair Work Commission has reminded an employer, finding it unfairly sacked a manager who abused and intimidated others.
It wasn't unfair or harsh to dismiss an underperforming HR administrator who had received numerous warnings and offers of support, the Fair Work Commission has ruled.
An employee who argued he was trying to keep customers "happy" when he caused $150k damage to his employer's property has failed to convince the Fair Work Commission he was unfairly dismissed.
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