A large employer's procedural failings when sacking an underperforming employee "should not have occurred", according to the FWC, which criticised the HR manager for not playing a more active role in the process.
An employee has won maximum compensation for unfair dismissal after the Fair Work Commission found an HR "cowboy" failed to genuinely consult her during a redundancy process.
An employee's failure to tell her employer about secondary work didn't justify a formal written warning, the Fair Work Commission has ruled in accepting she wasn't deliberately dishonest.
It was reasonable to dismiss an employee with recurring injuries who took "excessive" time off work, the Fair Work Commission has accepted. Also in this article, a roundup of recent rulings on procedural unfairness, a psych injury, and more.
Sacking an employee on sick leave without warning and via text was "extraordinarily callous and unnecessarily harsh", the Fair Work Commission has found in awarding her $21k in compensation.
Unfair dismissal rulings from 2020 hold many lessons for employers for the year ahead, not least among which is the importance of shoring up genuine redundancy defences, lawyers say.
Being cajoled to perform on stage at an awards dinner caused a manager's psychiatric injury – but the risk was so far-fetched his employer couldn't have foreseen and managed it, a court has ruled.
A Fair Work Commissioner has lambasted an employer for "one of the poorest displays" of a dismissal process she has seen, involving an employee sacked for taking "unwarranted" sick leave.
The High Court has refused to hear an employer's redundancy-exception appeal, while unions are calling for the "loophole" to be closed. Also in this article, government guides for mentally healthier workplaces; new research on underpayments; and more.
The Fair Work Commission has ordered an employer to reinstate an employee it reported to the police and then sacked, finding it acted prematurely and relied on retributive complaints made by her subordinates.
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.
