The Fair Work Commission has ordered reinstatement after finding an employer's tendency to "inflate the gravity and seriousness" of a worker's misconduct led to a harsh dismissal.
A 60-year-old employee sacked because he could no longer perform the inherent requirements of his role was not unfairly dismissed, despite arguing HR defamed him, a commission has found.
The Fair Work Commission's past approach to determining whether a worker is an employee or contractor is "no longer good law", a deputy president has said in rejecting an unfair dismissal claim.
An employer effectively forced a poor-performer to resign but it didn't unfairly sack him; rather, it was trying to give him a "dignified exit", the Fair Work Commission has found.
In a new decision under the Fair Work Act's powers to order sexual harassment to stop, a Deputy President has examined when harassment will be deemed to have occurred "at work".
A manager's "unchecked authority" effectively empowered his "rapacious pursuit" of an employee, the Fair Work Commission has found in stop s-xual harassment proceedings.
In response to workplace vaccination mandates, some employees are trying to "wait out" public health orders and other timeframes using their accrued leave, new cases show.
An employer's flawed approach to managing misbehaviour contributed to an employee's "defiant protestation and lack of cooperation", the Fair Work Commission has found in upholding his unfair dismissal claim.
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.
