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.
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.
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.
