Dismissal | Page 26 (1,922 items)

Encouraging an employee to take some time to "sort out" her mental health issues did not constitute a constructive dismissal, the Fair Work Commission has found.

Telling a pregnant employee they "would have to call it quits" if she continued working in an unsafe manner did not amount to a dismissal by her employer, the Fair Work Commission has found.

The Fair Work Commission has sided with an employer that sought to reduce the time an employee worked from home, saying it's expected that management will "take reasonable measures to ensure that staff are providing the value for which they are paid".

An employee who believed she worked "efficiently and competently" has lost her adverse action claim, with the Federal Circuit Court finding she was lawfully sacked for her ongoing defiance of authority.

It was reasonable to conclude an employee had lied about being sick, based on social media photos that showed him enjoying a weekend away with friends, the Fair Work Commission has ruled.

Despite an agreement not to pay out a worker's entitlements between the end of one contract and the start of another, his continuous service was "broken" during this four-day period, the Fair Work Commission has found.

In the absence of "specific and cogent evidence" to supports its serious misconduct allegations, an employer couldn't prove it had a valid reason to sack an employee, the Fair Work Commission has found.

Assuming an injured employee was "fully aware" her employment was at risk resulted in a procedurally unfair dismissal process, the Fair Work Commission has ruled.

A "heated discussion" with an employee about his failure to follow instructions did not amount to a dismissal, the Fair Work Commission has found.

A decision that found an employee was dismissed when her fixed-term contract was allowed to "meander to its conclusion" highlights the need for employers to "exercise caution" in this area, a lawyer stresses.