In a decision that highlights the consequences of "haphazard" and "reactive" HR practices, the Fair Work Commission has allowed an employee to dispute his dismissal after finding his fixed-term employment unintentionally became permanent.
It was unfair to deny an employee the opportunity to discuss redeployment options, but her "hysterical" and "unbalanced" conduct during the consultation process made her redundancy genuine, the Fair Work Commission has ruled.
An employee has failed on appeal to prove that she shouldn't have been sacked for misconduct, after her mounting frustrations manifested in aggressive and insubordinate behaviour.
Despite assisting its workers into new jobs when a contract transferred to a different supplier, an employer has failed to prove it should not have to pay them redundancy entitlements.
An employee who made "troubling" comments during a performance meeting and then took extended sick leave was fairly sacked after refusing to attend an IME, the Fair Work Commission has ruled.
Among key lessons from recent adverse action cases, an employment lawyer says it is critical for HR to document any decision-making process and be conscious of the timing around those decisions.
A mentally unwell employee has failed to prove her employer compromised her ability to return to work after she suffered a psychological injury, and that she was therefore unfairly dismissed.
An employee has failed to prove her dismissal for "very serious" misconduct was harsh because she'd already been subjected to a prolonged investigation and "significant" penalty regarding earlier allegations.
After sacking an employee for a code of conduct breach involving a consensual s-xual interaction, an employer has successfully appealed against orders to reinstate and compensate him.
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.
