An employee who engaged in a loud and public argument while wearing her work uniform may have caused her employer "some reputational harm", but not enough to warrant her immediate dismissal, the Fair Work Commission has ruled.
An employee's resignation was "a cry for assistance" after a traumatic incident at work, but her employer's response was "frankly, unhelpful" and bureaucratic, the Fair Work Commission has found.
Being under pressure and under-resourced did not "even remotely excuse" an employee's wilful and deliberate misconduct, the Fair Work Commission has found in rejecting his unfair dismissal application.
The Federal Court has criticised an employer that ignored a recommendation about a misconduct investigation, and instead proceeded to dismiss an employee, noting its "unfortunate" decision breached its enterprise agreement.
An employer has failed to prove it had a legal right to demote a manager accused of misconduct, with the Fair Work Commission finding this disciplinary action repudiated her employment contract.
An employer's "blanket rule" not to tolerate violence in any circumstances was not "valid, fair, or practicable", the Fair Work Commission has ruled, in finding an employee was unfairly sacked after a physical altercation.
An HR manager has failed to convince the Fair Work Commission that he couldn't have sacked a casual worker, who refused to attend an unpaid training session, as she never "officially" started in her role.
A remote worker has failed to prove her dismissal for having "low keystroke activity" over a three-month period was unfair, with the Fair Work Commission finding her failure to perform duties was not "minor" or "incidental".
An employee who relied on legal advice and delayed informing his workplace of pending criminal charges has been denied permission to appeal his failed unfair dismissal claim, with a full bench affirming his workplace reporting obligations outweighed his lawyer's advice.
A worker has failed to prove a written agreement with an employer was a "sham" designed to misrepresent their relationship, with the Fair Work Commission finding she was an independent contractor and therefore not "dismissed".
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.
