An employer has failed to have a $34k unfair dismissal order revoked, after arguing it didn't participate in proceedings because a "rogue" HR professional had misled it into thinking the case was over.
The Fair Work Commission has ordered the reinstatement of an employee who was sacked while facing criminal charges, finding his employer "confected" allegations while he was absent.
It was fair to sack an employee who regarded a code of conduct as simply a "moralistic document" rather than a "directive of expected behaviour", the Fair Work Commission has ruled.
A worker who claimed being disciplined over her social media posts was "cancel culture at its finest" has lost her adverse action claim, with the Federal Circuit Court finding her dismissal was "objectively justifiable".
An HR manager on probation has failed to prove she was constructively dismissed after her employer rejected her request for leave to give birth and deal with the "substantial challenges" that would follow.
A ruling that found the reasonable notice period for a senior employee was more than double the minimum statutory amount dispels a common myth about claims in this area, an employment lawyer says.
A ruling that an employer prejudged an employee's misconduct should send a "salutary message" to all others about the need to provide genuine opportunities to respond, the Fair Work Commission says.
An employee has failed to convince the Fair Work Commission that he should have received a warning after taking excessive breaks and swearing during a meeting, and not summarily dismissed for serious misconduct.
An employer must again defend dismissing a worker who said she would "take down" the company, after she won an appeal but then lost a dispute over what form the rehearing should take.
An employee has been granted an extension of time to make a general protections claim, after the Fair Work Commission found his dismissal while on sick leave could have been prompted by his bullying complaint against a manager.
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.
