Dismissing an employee over the phone before the end of his performance improvement plan was fair, the Fair Work Commission has found, in circumstances where he hadn't ever met his sales targets.
After accusing an employee of misconduct because she'd complained about being forced to take annual leave, an employer then effectively dismissed her when it took her departure from work as a resignation, the Fair Work Commission has found.
The Fair Work Commission has rejected that an employee's fourth consecutive fixed-term contract was excluded from the Fair Work Act's limitations, finding he was dismissed.
It was fair to sack an employee for misusing his personal leave entitlement, the Fair Work Commission has found, in giving no weight to the medical certificate he obtained through an online service.
An employer has to reinstate an employee sacked for misconduct, after the Fair Work Commission found its ultimate decision-maker effectively "rubber stamped the assessment of others".
An employer has lost its appeal against reinstating an employee sacked for inappropriate conduct, after failing to convince a Fair Work Commission full bench that more regard should have been had to his impact on female colleagues.
Despite being counselled about her performance for almost a year and repeatedly failing to follow her manager's directions, an employee has successfully claimed her dismissal was unfair.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.