A 64-year-old worker, whose employment was terminated the day after he had a severe fall requiring surgery, has been cleared to claim unfair dismissal despite lodging his application late.
The Fair Work Commission has rejected that a supervisor's employment ended by mutual agreement after a heated argument, accepting he was dismissed without a valid reason.
An employer's attempts to avoid dismissing an employee who engaged in serious misconduct at a client site distinguished his case from other rulings involving workers sacked as a result of third-party directions, according to the Fair Work Commission.
A potential inconsistency in an employer's D&A policy did not undermine its dismissal of a worker who had breached it three times, a full bench of the Fair Work Commission has ruled.
Failing to disclose use of medicinal marijuana clearly breached an employer's policy, but the employee didn't act with "malevolence", the Fair Work Commission has ruled in ordering his reinstatement.
An employer's failure to include a critical safety rule in its 'consolidated' D&A manual has undermined its objection to reinstating a worker sacked for breaching its policy.
Employees' right to disconnect doesn't extend to Fair Work Commission proceedings, a Deputy President has stated in rejecting an employer's request for more time to prepare its defence to an unfair dismissal claim.
A Commissioner failed to properly consider whether an employee had breached a code of conduct when he found she had been unfairly dismissed, a full bench of the Fair Work Commission has ruled in an appeal against her reinstatement.
Dismissing an employee for her "deliberate defiance" of an acknowledged direction was unreasonable, the Fair Work Commission has ruled, because she wasn't specifically warned her job was at risk if the behaviour continued.
