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.
An employer has failed to block a sacked worker's reinstatement on the basis that his "proven track record of unacceptable workplace behaviour" made the employment relationship untenable.
An employee who believed he could determine his own safe and appropriate way to work, regardless of his employer's policies or directives, has lost his adverse action claim.
It was "highly inappropriate" for an employee to secretly record a meeting about remarks he had made threatening his employer's reputation, the Fair Work Commission has found.
An employee has failed to prove a colleague concocted a "malicious lie" about a single workplace incident so she could have his job, with the Fair Work Commission finding his serious misconduct dismissal was fair.
Reducing an HR manager's responsibilities after she complained about her excessive workload did not amount to a constructive dismissal, the Fair Work Commission has ruled.
An employer had a right to make operational changes that led to a redundancy, even if the impacted employee considered them "bad, or wrong" decisions, the Fair Work Commission has held.
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.