Covertly applying for a job with an employer's client didn't breach an employee's contractual restraint, but it was nonetheless misconduct that warranted her dismissal, the Fair Work Commission has found.
Engaging an external contractor didn't undermine an employer's genuine redundancy defence to an unfair dismissal claim, the Fair Work Commission has found, rejecting there were any signs of a "sham".
Ernst & Young has defended terminating a senior partner who was charged with assault after hours spent drinking with staff and clients, on the basis his conduct was likely to harm the firm's interests.
One of the biggest lessons so far from the Fair Work Commission's arbitration of flexible work disputes is that employers must engage in meaningful dialogue with workers who are seeking new arrangements, a lawyer says.
An employee has been chastised for "grasping at excuses for his unacceptable conduct", with the Fair Work Commission accepting he posed a "serious and imminent risk" to workplace health and safety and was fairly sacked.
Mischaracterising a performance issue as misconduct is a common mistake that can significantly undermine an employer's defence of unfair dismissal claims, a lawyer says.
Frustration with an employee who acted unprofessionally should not have coloured an employer's perception of whether her "disrespectful" comments amounted to a resignation, the Fair Work Commission has found.
Relying on complaints from seven years ago was "misconceived", the Fair Work Commission has ruled, in finding a worker accused of sexual misconduct should be reinstated.
The reverse onus of proof in adverse action cases shouldn't be a "free kick" for employees to name numerous decision-makers without properly identifying their role in alleged contraventions, an employer has argued.
Enterprise bargaining reforms have added a great deal of uncertainty to the negotiating process, because the prospect of an intractable bargaining determination makes it less likely that either side will end up with the outcomes it wants, according to an employment lawyer.
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.
