The Fair Work Commission has criticised the long and unexplained delay between an employee's disciplinary meeting and her sacking, but found her conduct still justified dismissal.
An employee's unfair dismissal claim can proceed after the Fair Work Commission found her resignation and subsequent re-employment as a casual five days later didn't break her continuous service.
The Fair Work Commission has declined to issue orders preventing an employee's dismissal until his stop-bullying application is determined, finding this would likely circumvent his employer's reasonable disciplinary action.
An employee who alleges he was dismissed on the basis of seven proscribed reasons has been cleared, on appeal, to pursue his unlawful termination claim.
A casual employee's continuous service was broken when she complied with her employer's direction to resign before going on holidays, and then sign a new contract on her return, the FWC has ruled.
An employer has defended an unfair dismissal claim from an on-hire worker who was banned from a host site, in a ruling that 'respectfully disagrees' with similar cases with the opposite outcome.
The Fair Work Commission has lambasted a large employer for constructively dismissing a manager, finding its arrogant senior leaders rendered the HR function "largely impotent".
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