A commissioner has dismissed an employee's "impassioned" but baseless discrimination complaints, noting it was "incredible" that a single incident more than a decade ago had "spawned so many failed legal proceedings and so much personal and professional destruction".
An employer has failed to prove it dismissed a worker for misconduct and performance issues, and not because she'd requested unpaid domestic violence leave.
An absent employee who repeatedly failed to respond to her employer's return-to-work requests has won her unfair dismissal claim, after the Fair Work Commission found she had not "abandoned her employment".
An employer's "many failures" during a worker's probation period didn't outweigh her repeated performance errors and poor attitude, the Fair Work Commission has ruled in unfair dismissal proceedings.
An employer didn't dismiss an HR administrator when it told her to stop referring to herself as an HR manager, the Fair Work Commission has ruled in rejecting this was a "demotion" that breached her employment contract.
An employee who was sacked for accusing his employer of covering up its own negligence has lost his unfair dismissal claim, with the Fair Work Commission finding he jumped to "quick, ill-informed conclusions".
An HR manager's decision not to notify a "threatening" employee of all the reasons why he was being sacked resulted in an unfair dismissal, the Fair Work Commission has ruled.
The Federal Court has ordered the reinstatement of an employee sacked for making "deliberately provocative" social media posts, but declined to order damages for distress, finding he didn't appear to be "an individual whose feelings might easily be hurt".
An employee who won reinstatement six years ago after being sacked for misconduct has again been given his job back, with a commission finding his most recent dismissal was a disproportionate response to his "stupid" out-of-hours behaviour.
An employee who made numerous bullying and harassment complaints about a manager during her seven weeks of employment has failed to prove she was unlawfully sacked.
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.