An HR manager on probation has failed to prove she was constructively dismissed after her employer rejected her request for leave to give birth and deal with the "substantial challenges" that would follow.
A ruling that found the reasonable notice period for a senior employee was more than double the minimum statutory amount dispels a common myth about claims in this area, an employment lawyer says.
A ruling that an employer prejudged an employee's misconduct should send a "salutary message" to all others about the need to provide genuine opportunities to respond, the Fair Work Commission says.
An employee has failed to convince the Fair Work Commission that he should have received a warning after taking excessive breaks and swearing during a meeting, and not summarily dismissed for serious misconduct.
An employer must again defend dismissing a worker who said she would "take down" the company, after she won an appeal but then lost a dispute over what form the rehearing should take.
An employee has been granted an extension of time to make a general protections claim, after the Fair Work Commission found his dismissal while on sick leave could have been prompted by his bullying complaint against a manager.
An absent employee thought she had been dismissed when she received a payslip referring to "termination payments", but this was an error driven by the employer's "inflexible payroll system", the Fair Work Commission has ruled.
An employer that dismissed a worker must now face his general protections claim, despite its lateness, after his representative made errors during lodgement, followed by an "embarrassing" extension request.
It was "capricious and spiteful" to dismiss an employee who showed "unsophisticated" geographical and emotional intelligence when commenting on a colleague's race, the Fair Work Commission has ruled in awarding her maximum compensation.
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