An HR manager has been criticised for failing to investigate an employee's bullying and abuse claims, after she instead collected misconduct evidence to support the employee's dismissal.
An employee who claimed she was constructively dismissed because she couldn't return to full-time work after parental leave "cut short" her options by resigning, the Fair Work Commission has found.
A cancer survivor who lodged an unfair dismissal claim to teach his employer to "care for people" failed to acknowledge "the difficulties with his own behaviour", the Fair Work Commission has ruled.
A manager who was disciplined and demoted following a misconduct investigation was effectively sacked, the Fair Work Commission has found in clearing him to claim unfair dismissal.
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.
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.
