The Fair Work Commission has 'closed its eyes' to certain realities about a contracting relationship, in upholding an organisation's appeal against a finding that a delivery rider was an employee with unfair dismissal rights.
An employee who wouldn't consent to being "stabbed" with "poison" has failed to prove her employer dismissed her when it refused to send her to client sites.
It was not unfair to medically retire an employee who had been on leave for more than two years and whose mental state deteriorated "simply at the thought" of returning to work, the Fair Work Commission has accepted.
It wasn't reasonable for an employer to enforce "strict compliance" with its policies in requiring a managing director to disclose his relationship with a subordinate, a tribunal has ruled.
An employee has won the right to appeal the rejection of his unfair dismissal claim, after an informal discussion escalated into a termination meeting.
An employee's out-of-hours misconduct wasn't a "trivial instance of drunken frivolity", but rather a serious event that could have damaged an employer's reputation, the Fair Work Commission has ruled in upholding his dismissal.
An employer had a valid reason to dismiss a 64-year-old employee on restricted duties, as it wasn't "reasonable" to make further adjustments to his role, the Fair Work Commission has ruled.
It was reasonable for an "empathetic" employer to propose disciplining a worker who failed to improve his poor attendance levels over several years, despite three absence management plans, a commission has found.
The timing of a worker's casual conversion request and an audit into his conduct, which led to his dismissal, was "too coincidental" not to be linked, the Fair Work Commission has ruled in awarding him three months' compensation.
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.
