An employee who created a private Facebook group where colleagues would "take the p-ss" out of each other and share inappropriate content has failed to prove his dismissal for posting p-rnographic videos was unfair.
A senior employee, who said he struggled to recognise the line between friendships and intimate relationships because he was autistic, has failed to prove he was unfairly sacked for s-xual harassment.
The Federal Circuit Court has criticised an HR manager's decision to sack an employee rather than deal with the "dilemma" of her bullying allegations, and fined him $7.6k.
An employer has failed to prove a "very well paid" senior executive wasn't "dismissed" when it accepted the repudiation of his employment contract, following an impasse over his remuneration.
An employee may have been "justifiably irate" by managers' alleged bullying behaviour towards her, but their actions were "not so significant" that they forced her to resign, the Fair Work Commission has ruled.
It was open to conclude an employee lacked the necessary interpersonal skills for her role, but her employer has nonetheless failed to prove its dismissal decision wasn't prompted by her workplace complaints.
An employee who threatened to make a general protections claim if her employer didn't agree to her separation terms was not forced to resign, the Fair Work Commission has ruled.
Employers that erase employees' devices following terminations could be robbing themselves of valuable evidence in the event of an unfair dismissal claim, a lawyer says.
Employers appear to be taking considerable risks in the way they manage discipline and dismissals, with a lawyer warning that shortcuts often lead to more complexity and litigation, not less.
An employee who had asked to reduce her hours while she attempted to manage some personal issues was not dismissed when she was subsequently left off the employer's roster, the Fair Work Commission has found.
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.