There was a "significant degree of unreality" in an employee's claim that his employer no longer wanted to be bound by their contract, the Fair Work Commission has ruled, finding he wasn't forced to quit.
The Fair Work Commission has rejected that reinstating an employee would make others think they could "get away" with breaching workplace policies; rather, it said this case would clarify the employer's rules around acceptable behaviour.
An employer has defended dismissing an employee whose performance figures were improving, with the Fair Work Commission finding the quality of his work was his downfall.
When complying with a third-party directive to exclude a worker from a site, commercial considerations don't outweigh the need for a procedurally fair process, a new unfair dismissal claim "demonstrates very clearly".
Evidence of an employer's "considerable disinterest" in addressing a general manager's workplace complaint has significantly undermined its defence to his adverse action claim.
A general manager's communication with a CEO didn't reflect "respect, subordination and trust", but it wasn't misconduct that justified his dismissal, the Fair Work Commission has found.
In a new ruling highlighting the importance of discussing expectations when employees resign, the Fair Work Commission has found a manager didn't "freely" agree to leave before his notified end date.
A manager had "ostensible authority" to act on an employer's behalf, despite its claims to the contrary, and made it "unequivocally clear" to an employee that she no longer had a job, the Fair Work Commission has found.
An employer has been ordered to pay a sacked worker $28k in compensation, after it backed out of an agreement to provide him with support to achieve his performance targets.
An employer was entitled to sack an employee for his "repeated poor performance, bad punctuality and unexplained absenteeism", but its procedural failings made the dismissal unfair, the Fair Work Commission has found.
