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".
An employer has defended standing down a worker soon after she complained about bullying, based on a selection process that took into account numerous performance issues.
An employer has defended sacking a worker for making inappropriate comments and refusing to follow a "fundamental direction", even though its process was flawed.
An absent employee's excuse for failing to obtain medical certificates was not, as he claimed, "a small white lie to avoid embarrassment" but rather "a calculated attempt to mislead" that justified dismissal, the Fair Work Commission has found.
An employer should have ended a disciplinary process after giving an employee a written warning, instead of escalating the matter in a bid to end the employment relationship, the Fair Work Commission has ruled.
A voluntary resignation will not be considered forced simply because an employee is dissatisfied with their treatment at work, the Fair Work Commission has affirmed in a constructive dismissal dispute.
The Fair Work Commission has ordered the reinstatement of an employee who was sacked for breaching his employer's code of conduct after being convicted of drink driving.
An employer's "rigid" workplace made it impossible to accommodate an injured employee's return to work following a lengthy absence, the Fair Work Commission has ruled in upholding his dismissal.
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.
