Dismissal | Page 58 (1,951 items)

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.

An HR advisor removed an employee from a casual pool because she repeatedly failed to indicate her work availabilities, and not because of her complaints and protected attributes, the Federal Circuit Court has ruled.

An employer has defended an HR officer's allegations that its "toxic culture" and investigation failures amounted to a constructive dismissal, with a commission rejecting her claim for reinstatement.

In light of rising use of medicinal cannabis, it's important for employers to regularly review their D&A policies and ensure they're fit for purpose, lawyers say.

A worker has unsuccessfully argued that she didn't "agree" to a new casual employment contract when she ticked a box saying she acknowledged its terms.

An employer did everything it could to find alternative suitable roles for an injured employee, the Fair Work Commission has found, ruling his dismissal was fair despite a procedural flaw.

Two employees have failed to win an injunction blocking their employer from dismissing them for misconduct, arguing they were targeted after campaigning for a new enterprise agreement.

An employer should have given a worker more than 24 hours to recover from her "heightened emotional state" after a threatening incident at work, rather than accepting her on-the-spot resignation, the Fair Work Commission has found.