An employer has acknowledged its failure to use internal HR support before making an employee's role redundant, which resulted in an order to pay $20k for unfair dismissal.
It was harsh to summarily sack an employee for timesheet fraud, even though his ongoing performance issues warranted dismissal, the Fair Work Commission has ruled in awarding him five weeks' pay as compensation.
The seriousness of an employee's misconduct outweighed the personal and professional harshness of his dismissal, the Fair Work Commission has ruled, finding it was fair to sack him for hitting a minor with a tennis racquet.
Dismissing an employee who used excessive emojis and wrote a poem that made a colleague uncomfortable was not unlawful adverse action, the Fair Work Commission has accepted.
A general protections application lodged on the basis of a "future" right to claim unfair dismissal is an important one to watch, a workplace lawyer says.
After allegedly rushing a CEO's sacking to deny him the opportunity to claim unfair dismissal, an employer has been ordered to reinstate him until his adverse action claim can be determined.
Rushing a sexual harassment investigation to meet a business deadline denied an employee procedural fairness, a Fair Work Commissioner has found, while accepting that his behaviour was "totally unacceptable" and the end result would have been the same.
It was fair to dismiss a worker who remained certified unfit for work after a 22-month absence and seemed unwilling to assist his own recovery, the Fair Work Commission has ruled.
When a CEO asked an employee if she had another job to go to and then gave her an "opportunity to resign" before a negative performance review, she had no option but to quit, the Fair Work Commission found.
