An employee sacked for serious misconduct had no basis to argue a Fair Work Commissioner made inaccurate findings about her or denied her procedural fairness, a full bench has ruled.
"Simple life experience" should have taught an employee not to bully and humiliate his co-worker, according to the Fair Work Commission, but a lack of evidence that he was trained in workplace policies meant his dismissal was harsh.
It was "highly inappropriate" for a worker's paid agent to pursue a general protections claim that had no prospects of success, but the Fair Work Commission says the employer's $80k legal bill appears "excessive".
An employee who was only available to work on a day her employer closed its business was 'dismissed', the Fair Work Commission has ruled, allowing her general protections claim to proceed.
An employer was understandably offended by the suggestion it took adverse action against an employee because she disclosed she had autism, the Fair Work Commission has accepted in dismissing her claim.
A manager was not forced to resign, but rather engaged in a clear strategy of undermining his own return to work because "he wanted to be dismissed", the Fair Work Commission has ruled in rejecting his general protections claim.
After sending an employee a text message about her "final payment", an employer couldn't argue it never meant to dismiss her, the Fair Work Commission has found.
The "sheer number" of bullying and discrimination allegations against an employee should not have persuaded her employer they were true, the Fair Work Commission has found.
It was fair to dismiss an employee who avoided workplace investigation meetings and refused his employer's requests for medical examinations, the Fair Work Commission has found.
The potential for an employee's behaviour in an airport lounge to cause "serious damage" to her work relationship meant she couldn't argue it was out-of-hours conduct unworthy of dismissal, the Fair Work Commission has ruled.
