A manager was not forced to resign, but rather engaged in a clear strategy of undermining his own return to work because "he wanted to be dismissed", the Fair Work Commission has ruled in rejecting his general protections claim.
After sending an employee a text message about her "final payment", an employer couldn't argue it never meant to dismiss her, the Fair Work Commission has found.
The "sheer number" of bullying and discrimination allegations against an employee should not have persuaded her employer they were true, the Fair Work Commission has found.
It was fair to dismiss an employee who avoided workplace investigation meetings and refused his employer's requests for medical examinations, the Fair Work Commission has found.
The potential for an employee's behaviour in an airport lounge to cause "serious damage" to her work relationship meant she couldn't argue it was out-of-hours conduct unworthy of dismissal, the Fair Work Commission has ruled.
An employer has acknowledged its failure to use internal HR support before making an employee's role redundant, which resulted in an order to pay $20k for unfair dismissal.
It was harsh to summarily sack an employee for timesheet fraud, even though his ongoing performance issues warranted dismissal, the Fair Work Commission has ruled in awarding him five weeks' pay as compensation.
The seriousness of an employee's misconduct outweighed the personal and professional harshness of his dismissal, the Fair Work Commission has ruled, finding it was fair to sack him for hitting a minor with a tennis racquet.
Dismissing an employee who used excessive emojis and wrote a poem that made a colleague uncomfortable was not unlawful adverse action, the Fair Work Commission has accepted.
A general protections application lodged on the basis of a "future" right to claim unfair dismissal is an important one to watch, a workplace lawyer says.
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