A manager who was accused of domestic violence towards a work colleague has failed to prove his "very ugly" out-of-hours texts to her didn't warrant his dismissal, despite the Fair Work Commission finding his employer's process was "defective".
It was "extremely unfair" for an employer to rely on historical – and resolved – performance issues when dismissing an employee, the Fair Work Commission has ruled in awarding him maximum compensation.
The Fair Work Commission has chastised a long-serving employee for creating a "false and misleading story" to explain his workplace actions, finding his dismissal for serious misconduct was "wholly justified".
An employee "blatantly" lied to his employer when he said he wasn't recording their meetings, the Fair Work Commission has found, ruling this post-dismissal discovery foiled his case.
A full bench of the Fair Work Commission has affirmed an earlier decision denying costs to an employee who won her unfair dismissal case, finding the employer's objection to her claim, at the time, had a "reasonable prospect of success".
A manager's "performance discussion" with an employee was actually an "unsatisfactory exchange of views conducted in a cursory and excited manner", the Fair Work Commission has found in unfair dismissal proceedings.
The Fair Work Commission has found a worker did not agree to end her employment and therefore was entitled to make a general protections claim, ruling her employer had grown intolerant of her "lack of obeisance" and sacked her.
An employee has failed to prove on appeal that "severe mental symptoms" and ADHD made everyday life a "struggle", and that these were exceptional circumstances warranting a time extension to claim unfair dismissal.
An employee has successfully appealed a ruling that his out-of-hours misconduct warranted his dismissal, with a full Federal Court finding there was no proper consideration of procedural fairness matters.
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.
