An employee has failed to prove her dismissal for "very serious" misconduct was harsh because she'd already been subjected to a prolonged investigation and "significant" penalty regarding earlier allegations.
After sacking an employee for a code of conduct breach involving a consensual s-xual interaction, an employer has successfully appealed against orders to reinstate and compensate him.
It was unfair to deny a long-serving employee the opportunity to respond to his potential dismissal, despite his incapacity to return to work, the Fair Work Commission has found.
An employee who offered to take unpaid leave or perform alternative duties until he could defend criminal allegations was not unfairly sacked, the Fair Work Commission has found.
A previously lenient response to incorrect mask-wearing didn't prevent an employer from later taking "firm and fair disciplinary action" against an employee, but her summary dismissal was nonetheless harsh, the Fair Work Commission has ruled.
An employee's medical exemption from receiving a flu vaccination did not mitigate the risks she posed to other workers and vulnerable clients, the Fair Work Commission has ruled in rejecting her unfair dismissal claim.
Evidence that an employer thought a worker's overtime pay enquiry suggested "rot" would spread through the organisation has undermined its defence to an adverse action claim.
An employee who reacted strongly to complaints about his workplace behaviour was unfairly sacked when a warning would have sufficed, the Fair Work Commission has ruled.
An employer accused of taking unlawful adverse action was "left without a leg to stand on" when a judge based her finding on a "suspicion" of conspiracy, the Federal Court has ruled in upholding its appeal.
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.
