Arguing in a vigorous and forceful way during a meeting was not the same thing as posing a serious and imminent risk to safety, the Fair Work Commission has found in ruling an employee should not have been sacked for serious misconduct.
Suggesting that an employee take some time off work, or at least stay away from the office after a "fiery" interaction, didn't leave him with no option but to resign, the Fair Work Commission has found.
An employee's view that her employment record should get a "clean slate" as part of an unfair dismissal settlement was not enough to prompt the Fair Work Commission to interfere with the agreement.
The Fair Work Commission is treating allegations of s-xual harassment as a "very serious matter", but employers still need strong evidence and thorough processes to defend summary dismissals, a workplace lawyer says.
A manager who unsuccessfully claimed his employer had repudiated his employment contract has failed to convince a full bench of the Fair Work Commission that granting him leave to appeal is in the public interest.
An overworked HR leader has won her unfair dismissal claim, with the Fair Work Commission finding summary dismissal was a disproportionate response to her allegedly unreasonable workplace behaviour.
An employer had "every right" to sack a worker who refused to update her training, but it chose not to do so, the Fair Work Commission has found in rejecting her unfair dismissal claim.
An employee who was "unwilling" to acknowledge the part he played in his ongoing unfitness for work has failed to persuade a full bench of the Fair Work Commission to re-examine a decision that his dismissal was fair.
When an employer failed to communicate its retirement policy to an employee until after it found his replacement, in effect it unfairly dismissed him, according to the Fair Work Commission.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.