It should have been obvious to an employer that an employee's swearing outburst was due to his poor wellbeing, caused by mishandled workplace complaints, the Fair Work Commission has ruled in overturning his dismissal.
An employee had no "right" to choose the type of D&A test she undertook, and was fairly sacked for refusing a lawful and reasonable direction, the Fair Work Commission has found.
A chief people officer's decision to sack an employee for assisting police in a murder investigation was "irrational, if not bizarre", a court has found.
An employer is entitled to put a stop to bad workplace behaviour via dismissal in circumstances where a lack of remorse suggests such conduct could occur again, the Fair Work Commission has stressed.
An employee has won reinstatement and nearly three years' backpay after a tribunal found her morbid obesity led to discrimination and unfair dismissal.
The Fair Work Commission has again upheld the sacking of an employee who refused a flu shot, with the majority bench controversially noting the public interest would not be served by encouraging a "spurious objection to a lawful workplace vaccination requirement".
A senior employee's "interpersonal shortcomings" had the potential to damage his employer's reputation and provided a proper basis to consider dismissal, a commission has ruled.
The FWC has rejected that an employee's role was made redundant because her manager wasn't sexually attracted to her, finding "no cogent evidence" to support her claim.
An employer "curiously" abandoned 16 misconduct allegations against an employee, only to "blindly" and unfairly sack her on medical grounds two months later.
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.
