An employee has failed to convince the Fair Work Commission that he didn't take a breathalyser test before starting work due to COVID concerns, then didn't pass it because he'd consumed throat lozenges.
An employer unlawfully dismissed a former HR manager after its new managing director took issue with her "perfectly plausible" work and acted on a misunderstanding, the Federal Circuit Court has ruled.
An HR manager was "extremely" quick to assume an employee who took sick leave after being assigned new responsibilities was abusing his entitlements, the Federal Circuit Court has found in upholding his adverse action claim.
An employee who claimed she was forced to resign because her concerns about a "toxic" workplace weren't addressed has lost her unfair dismissal action.
An employee's numerous instances of misconduct outweighed a procedural flaw in her dismissal, but her employer overstepped in sacking her without notice, the Fair Work Commission has ruled.
An employer acted too hastily in ending the employment of a worker who complained about underpayments and said he would hand in his notice, the Fair Work Commission has found.
An employer and its directors have failed to prove on appeal that they didn't take unlawful adverse action against a manager, but they have successfully challenged the "manifestly excessive" penalties imposed.
Sacking an employee without formal warning or a chance to respond was "no minor failing" on an employer's part, but the fact it "instructed, retrained, counselled and warned" him as issues arose made the dismissal fair.
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.
