A recent general protections dismissal claim highlights a need for legislative change in this problematic jurisdiction, according to a workplace lawyer.
"Greatly exaggerated" reimbursement claims weren't simply an "innocent error", but rather part of an employee's sophisticated process to derive a financial benefit he wasn't entitled to, the Federal Circuit Court has found.
An employer held an "unshakable" belief that an employee had engaged in misconduct, but it wasn't supported by evidence, the Fair Work Commission has found in unfair dismissal proceedings.
The Fair Work Commission has cleared an employee to pursue a late general protections claim, criticising her employer for arguing she should have been able to file it on time despite experiencing health issues and ongoing FDV.
An employer unfairly dismissed a casual employee when it informed her by text message that further shifts were "on hold" shortly after she announced she was pregnant, the Fair Work Commission has ruled in ordering her reinstatement.
After saying she would resign due to dissatisfaction with a planned pay rise, an employee has convinced the Fair Work Commission she was in fact dismissed.
It was "nonsensical" for an employee to argue that he was abusive and threatening towards a member of the public because he was concerned about workplace safety, the Fair Work Commission has ruled.
It's becoming increasingly difficult for employers to defend general protections claims, according to a lawyer calling on HR to apply more rigour in all termination processes.
Holding conflicting views about an organisation's management and "purpose" was never going to allow for smooth sailing in an employment relationship, the Federal Circuit Court has noted in adverse action proceedings.
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.
