An employee has failed to convince the Fair Work Commission that COVID-19 rendered his sales targets unachievable and that he shouldn't have been dismissed for poor performance.
The Fair Work Commission has chastised an employer for its "flawed" investigation of a safety incident, finding that a proper process would have made an employee's dismissal fair.
An employer has to compensate a 61-year-old construction worker after laughing at his job application and suggesting he wasn't physically up to the work. Also in this article, rulings on harassment, misconduct, adverse action; and Porter loses the IR Ministry.
An employer that failed to list its true reasons for sacking an employee in its termination letter has been ordered to compensate her for unfair dismissal.
An employer decided not to renew two workers' employment contracts because they made bullying complaints and enquired about their workplace rights, a court has found in upholding their adverse action claims.
An employer has been ordered to reinstate a worker it sacked for making racist remarks and calling a female colleague a "c-nt", after a commission found his long tenure and contrition mitigated his misconduct.
A court has rejected an employee's adverse action claims relating to her probation extension and dismissal, but has found she was entitled to seek compensation for an alleged unpaid entitlement despite its "modest quantum".
Probation and minimum employment periods are distinct concepts, but confusion between the two causes many workplace disputes. This Q&A sets out the difference, along with best-practice approaches.
A Fair Work Commission full bench has rejected an employee's unfair dismissal appeal, despite finding a Commissioner was wrong to "protect" him by refusing to admit certain medical evidence in the original hearing.
Psychological injury risks and mental health issues are receiving heightened levels of HR attention in light of pandemic-related stresses and remote working. This webcast discusses employers' legal obligations in this space, including reasonable adjustment considerations and implications for managing work processes.
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.
