An employee should have been given a "reality check" about his poor performance before he was dismissed, the Fair Work Commission has ruled in awarding him compensation.
It was reasonable to direct an employee to attend an independent medical examination due to suspicions her unsatisfactory performance was caused by an ongoing medical condition, a commission has ruled.
An employer did "everything humanly possible" to obtain an employee's vaccination status and was entitled to dismiss her after she repeatedly rebuffed its requests, the Fair Work Commission has found.
An employer considered numerous complaints before finding a manager was "troublesome, dominating, difficult and possibly demanding", but its dismissal process was "egregious and flawed", the Fair Work Commission has ruled.
An employee accused of inappropriate behaviour has failed to prove his proposed disciplinary action was "excessive" and motivated by "current PC opinions", with a commission finding he showed a "significant failure in judgment".
Having one member of a small team repeatedly fail to meet project timelines was "a situation that any business would need to address", the Fair Work Commission has noted in rejecting an employee's stop-bullying claim.
An employee's attempt to expose a public figure's "coercive control" amounted to serious and sackable misconduct, but summary dismissal was too harsh a sanction, the Fair Work Commission has ruled.
An employer wasn't "disingenuous or tokenistic" in offering to find further engagements for an employee it removed from a client's site, the Fair Work Commission has accepted in dismissing his claim.
An underperforming employee has failed to prove he was forced to resign, with the Fair Work Commission accepting his manager was genuinely trying to "get the best out of him".
A WHS specialist who refused to give her employer documents stored on her laptop because she was on sick leave was "otherwise capable of sending multiple emails", the Fair Work Commission has noted in upholding her dismissal.
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.
