An employee who made "sarcastic" comments about a colleague after she disclosed being s-xually harassed at work has won his unfair dismissal claim, due to his employer's "significant" procedural errors.
An employee has failed to prove she was forced to resign because of her employer's lack of support following an illness, with the Fair Work Commission finding it wasn't required to offer her alternative duties.
A workplace advisor has added to its lengthy history of "problematic" conduct before the Fair Work Commission, which has formally recommended it repay a settlement sum it received on behalf of an employee.
An employer effectively dismissed a pregnant casual when it removed all of her shifts after she refused to pick up a customer order, which she believed would have exceeded her safe lifting capability, the Fair Work Commission has ruled.
An employment contract's wording meant an employer effectively dismissed a worker when its client "prematurely" ended his assignment, the Fair Work Commission has ruled, clearing him to pursue his general protections claim.
An employer that questioned a "high-achieving" employee's commitment to his role after he worked from home on mandatory in-office days has been ordered to pay him more than $26k in compensation for unfair dismissal.
A worker has failed to prove he was dismissed when he was "ambushed" into converting from permanent to casual employment, following concerns about his attendance and performance.
An employee who was absent for two years due to a work-related psychological injury was unreasonably sacked for not completing a performance improvement program, a commission has ruled.
An employee who suffered from back pain because of her "big boobs" has failed to convince the Fair Work Commission she should have been allowed to return to her physically demanding role after being certified "fit for normal duties".
An employee wrongly believed his organisation's formal process for remote-work approvals could be "arbitrarily changed", the Fair Work Commission has found in upholding his dismissal for serious misconduct.
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.