After already receiving a final warning and being placed on a performance improvement plan, an employee's failure to complete a crucial task made his dismissal valid and fair, according to the Fair Work Commission.
A novel psychosocial safety prosecution puts employers firmly on notice about their legal obligations and the need to manage risks arising from common processes.
Despite accepting that a supervisor's suitability for redeployment was "unlikely", the Fair Work Commission has found an HR practitioner should have discussed available jobs before dismissing her on the basis of redundancy.
The Fair Work Commission has rejected that an employee was entitled to work from home without limitation, despite his claims of "ambiguity" in his employment contract.
An employee who threw a coffee cup "with significant force" after a colleague called him a "boofhead" has failed to convince the Fair Work Commission his conduct was a result of provocation.
It wasn't unlawful to sack an employee who resisted returning to the office because of her chronic health conditions, the Federal Circuit Court has ruled.
A Fair Work Commissioner applied the wrong principles when he found an employer had no reason to question whether a resignation, tendered during a paranoid delusion, was freely given.
An employee has won his unfair dismissal claim despite showing a concerning lack of insight into his inappropriate behaviour, after the Fair Work Commission found his sacking could have a "catastrophic consequence".
There was no evidence to support an employee's allegations of "unresolved psychosocial hazards", and in any case these didn't justify his unauthorised absences from work, the Fair Work Commission has ruled.
Even if some complaints about an employee's behaviour were the result of ADHD-related "misunderstandings", her conduct warranted termination, the Fair Work Commission has found.
