The evidence submitted to back up a misconduct dismissal went no further than "undated letters that made vague references to concerns", which an employer appeared to have accepted "at face value", the Fair Work Commission has ruled.
It was unfair to sack an employee who didn't immediately provide evidence to support her bereavement leave request, the Fair Work Commission has ruled, in chastising an employer for its unreasonable response to a traumatic situation.
An employee sacked for aggressive and threatening conduct has won reinstatement, after the Fair Work Commission found his employer failed to consider his challenging personal circumstances before dismissing him.
When a manager told an employee he wanted to chat to him, but wouldn't "hold a gun" to his head, it was clearly not a threat to his safety, the Fair Work Commission has ruled in a constructive dismissal dispute.
An employee's racist comments during a site-wide meeting warranted dismissal, but his employer's failure to notify him of its reasons before deciding to sack him was unfair, the Fair Work Commission has ruled.
A chief people officer irritated by a manager's redeployment negotiations made a "snap decision" to make his role redundant, in breach of his general protections, the Federal Court has found.
Even though an employer didn't proactively seek medical information about an absent employee, it wasn't unfair to dismiss him on the basis of incapacity, the Fair Work Commission has ruled.
After already receiving a final warning and being placed on a performance improvement plan, an employee's failure to complete a crucial task made his dismissal valid and fair, according to the Fair Work Commission.
Despite accepting that a supervisor's suitability for redeployment was "unlikely", the Fair Work Commission has found an HR practitioner should have discussed available jobs before dismissing her on the basis of redundancy.
The Fair Work Commission has rejected that an employee was entitled to work from home without limitation, despite his claims of "ambiguity" in his employment contract.
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.
