An absent employee thought she had been dismissed when she received a payslip referring to "termination payments", but this was an error driven by the employer's "inflexible payroll system", the Fair Work Commission has ruled.
An employer that dismissed a worker must now face his general protections claim, despite its lateness, after his representative made errors during lodgement, followed by an "embarrassing" extension request.
It was "capricious and spiteful" to dismiss an employee who showed "unsophisticated" geographical and emotional intelligence when commenting on a colleague's race, the Fair Work Commission has ruled in awarding her maximum compensation.
An employer has been blocked from sacking a worker who it believed lied during her job interview, because it was unclear whether it followed a procedurally fair disciplinary process.
It was unfair of an employee not to tell his employer about a mental disability that could affect his work performance, the Federal Circuit Court has ruled in adverse action proceedings.
An employer should have considered disciplinary action other than dismissal when a long-serving worker breached its dr-g and alcohol policy, the Fair Work Commission has ruled in ordering his reinstatement.
An employee has failed to prove he was unfairly sacked for abusive conduct, despite the Fair Work Commission finding the HR team's investigation and workplace training processes were "obviously inadequate".
An HR business partner has defended claims she failed to support an overwhelmed manager, with the Fair Work Commission finding she often acted as a "sounding-board" and tried to help improve her performance.
A senior employee's "entirely unhelpful and disruptive intervention" in an employer's efforts to trial a four-day work week wasn't serious misconduct that warranted summary dismissal, according to the Fair Work Commission.
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.
