An employer has successfully appealed against a $5.2m damages payout to a senior manager who claimed his "brutal" dismissal was unlawful adverse action.
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.
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.
