A senior employee had no choice but to resign after an employer said her performance was "just not working for the business", just weeks after she requested leave to have surgery, the Fair Work Commission has found.
A supervisor who referred to workers as "dumb c-nts" and failed to report a subordinate's harassment and excessive "farting" in the office has failed to prove his dismissal was unfair.
An employer has failed to have a $34k unfair dismissal order revoked, after arguing it didn't participate in proceedings because a "rogue" HR professional had misled it into thinking the case was over.
It would be unfair to require an employer and two HR professionals to defend an employee's "incomprehensible" adverse action claim, the Federal Circuit Court has ruled.
The Fair Work Commission has ordered the reinstatement of an employee who was sacked while facing criminal charges, finding his employer "confected" allegations while he was absent.
It was fair to sack an employee who regarded a code of conduct as simply a "moralistic document" rather than a "directive of expected behaviour", the Fair Work Commission has ruled.
An employee has failed to convince the Fair Work Commission that her employer changed an internal review process after she complained about her superior, so that she would be forced to resign.
A worker who claimed being disciplined over her social media posts was "cancel culture at its finest" has lost her adverse action claim, with the Federal Circuit Court finding her dismissal was "objectively justifiable".
An employer was right to investigate bullying complaints against an employee, but it has failed to prove that it was reasonable to later add numerous other allegations for consideration, a commission has ruled in psychological injury proceedings.
An HR manager on probation has failed to prove she was constructively dismissed after her employer rejected her request for leave to give birth and deal with the "substantial challenges" that would follow.
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.
