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.
The Federal Court has restrained a non-legal representative from communicating with three major employers on behalf of unvaccinated workers, finding his emails have become "progressively more aggressive" and threatening.
Employers are becoming increasingly concerned about facing claims in the Fair Work Commission from workers who are represented by people without legal qualifications.
An employer has failed to prove that it sacked an employee over "threatening" and "offensive" internal communications, with a court finding her complaints about executives "sealed [her] fate".
Managers consistently dealt with an employee's work mistakes in a "positive, encouraging and supportive manner", even while dealing with numerous customer complaints, the Fair Work Commission has found in unfair dismissal proceedings.
An employer's "shameless" attempt to use unpaid entitlements as a bargaining chip to settle an unfair dismissal claim was "disturbing and distasteful to observe", the Fair Work Commission has said.
An employer has failed to prove it didn't intend to dismiss a worker after she publicly responded to a "hurtful" email about absenteeism, and has been ordered to pay her maximum compensation.
A redeployment offer was "clearly a demotion" for an employee, the Fair Work Commission has ruled in rejecting an employer's bid to reduce her 13-week redundancy entitlement.
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