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.
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.
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.
