An employer's failure to investigate alleged misconduct at a client site "heavily contributed" to an employee's unfair dismissal, the Fair Work Commission has found.
The Fair Work Commission has chastised an employer for treating a long-serving manager "with disdain", but has stopped short of finding its conduct was aimed at ending his employment.
Even though a team leader's second job wasn't with a competitor, as her first employer claimed, it was nonetheless "detrimental" to her duties and justified her dismissal, the Fair Work Commission has found.
An employee did "exactly what he should have done" when a colleague threatened to fight him several times, the Fair Work Commission has found in awarding him compensation for unfair dismissal.
An HR director's decision to sack an employee, who had taken more than 2.5 years' leave in a six-year period, was likely a breach of anti-discrimination laws, a tribunal has ruled.
An employer has failed to prove it made two roles redundant because it held a "genuine belief" that COVID was negatively impacting its business, with a court finding the timing of its decision was "inexplicable".
A long-serving employee who was legally advised to "hold off" on reporting criminal charges to his employer has lost his unfair dismissal claim, with the Fair Work Commission finding his code of conduct obligations were "unambiguously" clear.
As employees become increasingly litigious, adverse action claims continue to present a major risk for all employers. Watch this HR Daily Premium webcast to understand current trends in general protections disputes, risk mitigation strategies, and more.
An employer has failed to defend sacking a worker who made "s-xist, misogynist and racist" posts in a private Facebook group, after the Fair Work Commission found it treated him "substantially differently" to a colleague.
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.
