A large employer's dismissal process was "fundamentally flawed" and its inadequacy "surprising" given its size and dedicated HR function, the Fair Work Commission has found.
A casual employee whose engagements were described as "ad hoc and sporadic" had unfair dismissal protection and was sacked without a valid reason, the Fair Work Commission has ruled.
An employer has lost its appeal against a constructive dismissal ruling, after a full bench of the Fair Work Commission found no evidence that an employee agreed to change the date his resignation took effect.
Accusing an employee of misconduct and issuing her a warning, in circumstances which at their highest pointed to an inadvertent breach, was not reasonable administrative action, a tribunal has found.
A dispute over a flexible work request, which was made by an employee over 55 and denied on safety grounds, has been dismissed due to not meeting the conditions required for arbitration in the Fair Work Commission.
After responding to multiple performance and conduct concerns with only warnings and counselling, an employer has failed to convince the Fair Work Commission that it had a valid reason to opt for termination.
It was appropriate for an employer to seek detailed medical clearance after a worker's lengthy mental health absence, the Fair Work Commission has noted, in rejecting that he was constructively dismissed.
Despite managing a somewhat "difficult" worker with empathy, an employer unfairly failed to ensure he understood its concerns about his behaviour before sacking him, the Fair Work Commission has ruled.
The Fair Work Commission is planning to require more work upfront from individuals lodging general protections dismissal claims, its President has told a conference.
