An employer's adverse action defence has fallen down over its failure to confirm which HR professional recommended a final warning for an employee's misconduct.
The Fair Work Commission has dealt with a wide range of topics in unfair dismissal cases this year, from bullying, harassment and other misconduct, to health conditions and vaccinations, but some have "stuck out", employment lawyers say.
An employee held a "reasonable suspicion" that warranted blowing the whistle on her employer, but her disclosures weren't the reason she was dismissed, the Federal Circuit Court has ruled.
An employer has been barred from sacking a worker who might "never" return to full duties, while the Fair Work Commission decides whether she has a right to ongoing reasonable adjustments.
A large employer's "enthusiasm" to sack an employee causing "considerable angst" at work resulted in a severely flawed process, the Fair Work Commission has ruled.
An employee has failed to prove that a workplace advisory service "threatened and coerced" her into settling her unfair dismissal claim on unfavourable terms.
An employee should have addressed her workplace frustrations internally instead of "openly criticising" her employer to a competitor, but her summary dismissal was unfair, the Fair Work Commission has ruled.
The Fair Work Commission has lambasted an employer for its "unconscionable and unscrupulous" attempt to deny a sacked employee any remedy for unfair dismissal.
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.
