An employer's patience "understandably ran out" after a worker repeatedly failed to clock on and off despite multiple warnings, the Fair Work Commission has found in upholding her dismissal.
An employee who struggled when criticised and resigned when summoned to a misconduct meeting was not constructively dismissed, the Fair Work Commission has found.
A procedurally unfair dismissal process didn't negate an employer's right to sack a worker over social media posts that mocked domestic violence, expressed racist sentiments, and vilified minority groups, the Fair Work Commission has ruled.
An employee who refused to get vaccinated has failed to prove he was unfairly dismissed, with the Fair Work Commission describing his employer's process as "difficult to fault".
An employee who attributed his repeated lateness to a biological challenge (he wasn't a morning person), while his manager considered it a "pattern of wilful behaviour", has failed to prove his dismissal was unfair.
Employees should be on notice that their "social" behaviour will attract greater scrutiny and face higher standards than in the past, the Fair Work Commission has ruled in upholding a dismissal for harassment.
An employer "undertook a degree of crystal ball gazing" when it sacked a worker based on the view it was "only a matter of time" before his mouthy behaviour became "actual violence", the Fair Work Commission has ruled.
An employee who refused to receive a flu vaccination and raised objections about breathing his own "expired breath" when wearing a mask has lost his unfair dismissal claim.
An employee made a "conscious decision" to perform his safety-critical role despite taking drugs a few days earlier, the Fair Work Commission has ruled in upholding his dismissal.
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.
