Employees' participation in employer-organised medical appointments should be "informed and empowered", a commission has ruled in compensating a worker for unfair dismissal.
An employer could have at least tried to end its employment relationship with an "unreliable" worker on "some agreeable terms", instead of sacking him without any procedural fairness, the Fair Work Commission has ruled.
An employee who accused his employer of "inhumane conduct" after it failed to offer him domestic violence leave then made his role redundant has lost his unfair dismissal claim.
An employee who didn't report harassment to his employer could not claim its failure to take action caused him to resign, the Fair Work Commission has ruled.
An employer was trying to protect staff from bullying and harassment when it sacked an employee, but its actions were ultimately a good example of how not to handle workplace complaints, the Fair Work Commission has found.
To ignore and isolate a colleague at work "is to dehumanise that person", the Fair Work Commission has said in finding two employees were fairly sacked for bullying.
Procedural flaws have brought down an employer's unfair dismissal defence, with the Fair Work Commission finding they outweighed an employee's divisive, defiant, intimidating and bullying behaviour.
An employee who was sacked for being unable to perform her role, despite being willing to attend an independent medical examination, has failed to prove she was unfairly dismissed.
An employer's communication with an employee after an upsetting meeting wasn't "perfect", but it proved she wasn't dismissed, the Fair Work Commission has ruled.
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.
