Dismissal | Page 43 (1,951 items)

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.

The Fair Work Commission has ruled in favour of employers, in two disputes over whether casual workers were 'dismissed' when their engagements ended.

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.