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.
An employee has failed to convince a tribunal that a conference call in which she tearfully spoke of her father's death led to her dismissal on the grounds of disability.
The Fair Work Commission has upheld as fair the dismissal of an employee who had a "cavalier" attitude to using a workplace account to fund her coffee habit.
An employee was fairly sacked for repeated inappropriate and harassing workplace behaviour, the Fair Work Commission has ruled, rejecting that the incidents were simply "disagreements".
An employer has failed to convince a Fair Work Commission full bench that an employee had a duty to be honest during an investigation into his out-of-hours fight with a colleague.
An employer responded in a professional, reasonable and sensitive way to a stressed employee's uncharacteristic outburst, the Fair Work Commission has found in rejecting her constructive dismissal claim.
A manager's inappropriate conduct and poor attitude negatively impacted an employer's reputation and profitability, 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.
