The employer behind "one of the worst cases of management bullying" a Fair Work Commissioner has ever seen acted too harshly when it sacked a worker who was misinformed about her workplace rights.
A misconduct investigation that generated 12 allegations against an employee but substantiated just six used a "kitchen sink" approach, the Fair Work Commission has found, deeming the termination harsh despite the employer's valid reason.
An employee who "unfairly characterised" nearly every interaction with superiors as bullying has lost his unfair dismissal claim, with the Fair Work Commission finding he was a "peddler of false allegations".
An employee who was "at best" difficult and argumentative has won compensation for unfair dismissal, after the Fair Work Commission found numerous verbal warnings didn't give him sufficient notice that termination was on the cards.
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.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
