The Fair Work Commission has halted an employee's reinstatement order, while the employer appeals against a ruling that its "drawn out" disciplinary process made her sacking unfair.
An employee let his family circumstances cloud his judgement of an employer's return-to-work requests, seeing them as "pushy and unwelcome" when in fact they were reasonably "firm", the Fair Work Commission has ruled.
An employee with ADHD has claimed a disciplinary meeting was so distressing she had to walk out, with the Fair Work Commission accepting this wasn't a resignation.
The Fair Work Commission has expressed disbelief after an employee was sacked for pretending to knee a colleague in the groin, and ordered his reinstatement with continuity of service and backpay.
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.
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.
