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.
An employee who resigned after her annual leave request was denied wasn't dismissed, nor did she act in the "heat of the moment", the Fair Work Commission has found.
Despite accusing his employer of unlawful conduct and abusive management practices, an employee had options other than quitting his role, according to the Fair Work Commission.
Simply "going through the motions" after making a dismissal decision doesn't provide procedural fairness, the Fair Work Commission has reminded an employer, finding it unfairly sacked a manager who abused and intimidated others.
It wasn't unfair or harsh to dismiss an underperforming HR administrator who had received numerous warnings and offers of support, the Fair Work Commission has ruled.
An employee who argued he was trying to keep customers "happy" when he caused $150k damage to his employer's property has failed to convince the Fair Work Commission he was unfairly dismissed.
An employer had a valid reason to sack an employee who "blatantly defied" a lawful direction, however summarily dismissing him was harsh, the Fair Work Commission has found.
There's a "relatively high threshold" that employers need to meet when taking disciplinary action against an employee for out-of-hours misconduct, a workplace lawyer says.
A Fair Work Commission Deputy President was wrong to state that an employer had to demonstrate a risk of impairment when dismissing a worker who failed a dr-g test, but this didn't affect his overall finding that the sacking was harsh, a full bench has ruled.
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.
