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.
An "incredibly patient" employer's dismissal of an absent worker has been upheld as fair, after she repeatedly failed to attend independent medical examinations despite receiving disciplinary warnings.
Dismissing an employee for being unable to perform the inherent requirements of her role wasn't harsh, a tribunal has found, even though she was certified as "medically capable of attending work reliably".
A probationary employee who said he was going to be "the next Erin Brockovich" has failed to prove he was sacked for raising health and safety concerns, in the first such claim of its type.
Reinstating an employee accused of misconduct would "in no way" undermine an employer's capacity to comply with its safety obligations, a Fair Work Commission full bench has ruled in rejecting an unfair dismissal appeal.
An employer unintentionally dismissed an employee when it treated his ambiguous comments as a resignation and "unilaterally" declared he was no longer employed, the Fair Work Commission has ruled.
It was unfair to sack an employee who refused to sign a new employment contract with higher sales targets and "unreasonable" restraint clauses, the Fair Work Commission has found in awarding him $42.5k in compensation.
An employee who maintained he was "not in a mental state to text anyone" while absent for more than two months has failed to convince the Fair Work Commission he didn't abandon his employment.
An employee's failure to declare medication he was taking for mental health issues denied his employer the opportunity to assess whether it posed any workplace risks, the Fair Work Commission has found in upholding his dismissal.
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.
