An employer that dismissed its 'worst salesperson' for failing to meet his targets acted unfairly because he received no formal, personal warnings, the FWC has found.
In a rare decision, the Fair Work Commission has ordered an employer to pay a sacked worker's unfair dismissal claim costs, finding its "stony silence" caused reasonable settlement offers to fall into a "costly litigation black hole".
An employee who was sacked for fraternisation has failed to convince the Fair Work Commission that his unblemished 17-year tenure mitigated the seriousness of his misconduct.
An organisation that decided to make an employee's position redundant and terminated her employment on the same day has failed to convince the Fair Work Commission that it either didn't need to consult her, or already had.
An employee's "naïve belief" that he could unilaterally decide when he would return to his workplace was a valid reason for dismissal, but his employer's "severely flawed" process made it unfair.
The pandemic has increased the number of workers engaging in secondary work or 'side gigs', with serious implications for employers. This Q&A addresses critical policy and practice considerations.
An employee breached her duty of fidelity to her employer by running a business that directly competed with it, the Fair Work Commission has ruled in finding her misconduct termination fair. Meanwhile, two other employees have lost similar unfair dismissal claims.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
