A ruling that an employee's performance-based dismissal was unfair contained numerous errors, a full bench of the FWC has found, in clarifying what constitutes "harsh" under the Fair Work Act.
An employer that claimed to have video footage of an employee's alleged serious misconduct, but didn't show it to him, must now defend his late unfair dismissal claim.
Two workers who settled unfair dismissal actions have failed to convince the Fair Work Commission their agreements didn't also prevent them from pursuing underpayment claims against their employer.
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.
