It was "extremely unfair" for an employer to rely on historical – and resolved – performance issues when dismissing an employee, the Fair Work Commission has ruled in awarding him maximum compensation.
The Fair Work Commission has expressed "genuine concern" that an employee would continue to be bullied if it didn't make interim orders halting a disciplinary process.
The Fair Work Commission has chastised a long-serving employee for creating a "false and misleading story" to explain his workplace actions, finding his dismissal for serious misconduct was "wholly justified".
An employee "blatantly" lied to his employer when he said he wasn't recording their meetings, the Fair Work Commission has found, ruling this post-dismissal discovery foiled his case.
A full bench of the Fair Work Commission has affirmed an earlier decision denying costs to an employee who won her unfair dismissal case, finding the employer's objection to her claim, at the time, had a "reasonable prospect of success".
A manager's "performance discussion" with an employee was actually an "unsatisfactory exchange of views conducted in a cursory and excited manner", the Fair Work Commission has found in unfair dismissal proceedings.
An employee has failed to prove on appeal that his employer was vicariously liable for his co-worker's "extreme and unnecessary" behaviour towards him, which caused him to suffer post-traumatic stress disorder.
The Fair Work Commission has found a worker did not agree to end her employment and therefore was entitled to make a general protections claim, ruling her employer had grown intolerant of her "lack of obeisance" and sacked her.
An employee has failed to prove on appeal that "severe mental symptoms" and ADHD made everyday life a "struggle", and that these were exceptional circumstances warranting a time extension to claim unfair dismissal.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
