An employer has failed to prove it selected an employee with a "negative attitude" for redundancy because of his poor performance, and not because he made bullying and safety complaints.
A "deficit in clear communication" about remote-work expectations and protocols understandably frustrated an employee, the Fair Work Commission has ruled in upholding his unfair dismissal claim.
An employer gave no explanation for the "inordinately long time" it took to investigate and discipline an employee for misconduct, rendering her valid dismissal harsh.
The Fair Work Commission has ruled a remote employee who ignored directives not to work during a shut-down period, then didn't log on for two weeks, was justly sacked.
It would be "unconscionable" to allow an employer to dismiss a group of employees for misconduct after an "arbitrary and unfair" investigation, a Fair Work Commission full bench has ruled.
The Federal Court has restrained a non-legal representative from communicating with three major employers on behalf of unvaccinated workers, finding his emails have become "progressively more aggressive" and threatening.
Employers are becoming increasingly concerned about facing claims in the Fair Work Commission from workers who are represented by people without legal qualifications.
An employer has failed to prove that it sacked an employee over "threatening" and "offensive" internal communications, with a court finding her complaints about executives "sealed [her] fate".
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.