The FWC has ordered reinstatement for an employee sacked for serious misconduct, after finding his unblemished safety record made dismissal a disproportionate response.
An employee who wouldn't disclose details of a suspected mental health condition has failed to prove she was unfairly sacked for failing to attend an independent medical exam.
An employee who was banned from a client's premises after he allegedly called one of its female employees a "c-nt" was fairly dismissed, the Fair Work Commission has found.
Substantiating a formal complaint against an employee who had no opportunity to respond was more than a "mere blemish" in a disciplinary process, a commission has ruled in upholding her psychological injury claim.
An employee faced with "mounting" performance concerns voluntarily resigned to avoid being sacked, the Fair Work Commission has found in rejecting her constructive dismissal claim.
Two instances of unreasonable conduct by an HR leader and supervisor were "disparate" in nature and didn't constitute bullying, the Fair Work Commission has ruled.
An HR manager has been criticised for failing to investigate an employee's bullying and abuse claims, after she instead collected misconduct evidence to support the employee's dismissal.
An employee who claimed she was constructively dismissed because she couldn't return to full-time work after parental leave "cut short" her options by resigning, the Fair Work Commission has found.
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.
