An FWC full bench has overturned a finding that an employee was dishonest during a workplace investigation, but nonetheless concluded he was fairly dismissed for a "sexualised" tweet, storing p-rn on his work computer, and other misconduct.
In a significant decision, an employee has failed to convince the High Court that his employer breached its enterprise agreement when disciplining and then dismissing him for exercising his intellectual freedom.
An employee was wrong to think a performance improvement plan was an attempt to "push her out of the company", the Fair Work Commission has found, accepting that an HR manager tried to alleviate her fears.
An employer was more concerned for the alleged perpetrator of workplace s-xual harassment than the complainant, the Fair Work Commission has ruled in dismissing its objection to a claim.
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".
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.
