An HR business partner who was selected for retrenchment based on being the "weakest" performer on the team has been denied permission to appeal a finding that her termination was a case of genuine redundancy.
When an employer accused its CEO of serious misconduct, suggested his termination was "likely", and gave him only hours to decide whether to resign, it effectively dismissed him, the Fair Work Commission has ruled.
It was possible an employer wasn't aware of a worker's injury when it directed him to perform a task beyond his capacity, but dismissing him for refusing was harsh and unreasonable, the Fair Work Commission has ruled.
An employee who felt stressed and anxious while suspended from work made the "unfortunate decision" to "take the edge off" with cocaine, the Fair Work Commission has accepted, in upholding his dismissal for failing a D&A test.
Changing an employee's role when she returned from parental leave didn't repudiate her employment, but failing to pay her a $22k bonus breached a fundamental part of her contract and amounted to a dismissal, the Fair Work Commission has found.
Summary dismissals are often disputed, and they can have serious consequences for employers when they're found to be unfair. Watch this webcast to understand how to avoid common pitfalls when responding to serious misconduct.
A worker, who maintains she was a contractor despite making dismissal claims, has failed to convince the Fair Work Commission it should grant extensions for her various general protections actions.
An employee aimed to "attack the competence" of an organisation's directors to make his own evidence more persuasive, but this didn't make his unfair dismissal claim vexatious, the Fair Work Commission has found.
The general protections claim of an employee seeking more than $100 million is again underway, after a full bench of the Fair Work Commission found his actions against 18 respondents shouldn't have been dismissed.
An employer that continued to accuse a sacked worker of engaging in criminal conduct has been denied leave to appeal against paying her $14k for unfair dismissal.
