Dismissal | Page 56 (1,795 items)

An employer has failed to prove a "very well paid" senior executive wasn't "dismissed" when it accepted the repudiation of his employment contract, following an impasse over his remuneration.

An employee may have been "justifiably irate" by managers' alleged bullying behaviour towards her, but their actions were "not so significant" that they forced her to resign, the Fair Work Commission has ruled.

It was open to conclude an employee lacked the necessary interpersonal skills for her role, but her employer has nonetheless failed to prove its dismissal decision wasn't prompted by her workplace complaints.

An employee who threatened to make a general protections claim if her employer didn't agree to her separation terms was not forced to resign, the Fair Work Commission has ruled.

Employers that erase employees' devices following terminations could be robbing themselves of valuable evidence in the event of an unfair dismissal claim, a lawyer says.

Employers appear to be taking considerable risks in the way they manage discipline and dismissals, with a lawyer warning that shortcuts often lead to more complexity and litigation, not less.

An employee who had asked to reduce her hours while she attempted to manage some personal issues was not dismissed when she was subsequently left off the employer's roster, the Fair Work Commission has found.

An employer has failed to block a sacked worker's reinstatement on the basis that his "proven track record of unacceptable workplace behaviour" made the employment relationship untenable.

An employee who believed he could determine his own safe and appropriate way to work, regardless of his employer's policies or directives, has lost his adverse action claim.

It was "highly inappropriate" for an employee to secretly record a meeting about remarks he had made threatening his employer's reputation, the Fair Work Commission has found.