An employer had a valid reason to sack an employee who continuously underperformed in his role and caused it "significant" financial loss, the Fair Work Commission has ruled.
An employee's "vile and racist" social media posts were anonymous enough not to be a sackable offence, but his "violent takedown" of another person warranted his dismissal, the Fair Work Commission has found.
An employee's stress during a restructure was potentially exacerbated by some "miscommunication", but her redeployment was reasonable and didn't force her to resign, the Fair Work Commission has ruled.
An employee sacked by a supervisor without authority was entitled to decline an HR manager's invitation to restore his employment, the Fair Work Commission has ruled in clearing him to pursue his adverse action claim.
The Fair Work Commission has been dealing with a raft of resignation disputes lately, and HR teams are "going to see a lot more of this", a lawyer warns.
Three months was a "reasonable" amount of time to wait and see if an employee recovered from a psychological injury so he could return to work, the Fair Work Commission has ruled in rejecting his unfair dismissal claim.
An employee who resigned because of a manager's "toxic" communication style has failed to prove this was her only option, despite the Fair Work Commission agreeing that it can be "very hard to tell a bully that they are a bully".
An employee's comments to a colleague "under the guise of humour" went "far beyond simply swearing" and amounted to s-xual harassment, the Fair Work Commission has ruled.
A director who became "erratic and abusive" after a workplace relationship broke down has lost his unfair dismissal claim, with the Fair Work Commission finding the employer exhausted all other avenues before making its decision.
The fact that an employee's resignation coincided with another company's job offer undermined the "multiplicity of reasons" he gave to support his constructive dismissal claim, the Fair Work Commission has ruled.
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.
