Reorganising a workplace so an employee could safely perform duties would have represented a "transformation of his substantive position", rather than a reasonable adjustment, the Fair Work Commission has found.
It was wrong of an employee not to correct her employer's false assumption about her qualifications, the Fair Work Commission has found in upholding her dismissal.
An employee's bid to reopen his unfair dismissal case, so he could publicly raise "scandalous" allegations against his former employer, has been rejected by the Fair Work Commission.
How an employer could claim a casual worker's employment was terminated "professionally", while also contending he wasn't dismissed, was a "mystery", according to the Fair Work Commission.
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.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.