An employer's attempt to defend an unfair dismissal claim on the grounds an employee was a contractor has backfired, with the FWC finding "a clear case of sham contracting", and ordering further investigation into staff with similar arrangements.
An employee who was denied compensation for a bullying-related injury on the grounds she made deliberately false representations about her mental health has been cleared to appeal the decision.
The Fair Work Commission has acknowledged the significant hurdles sacked employees face in bringing stop-bullying claims. Also in this article, recent dismissal rulings; which city has the best work-life balance; employers' growing fears about Baby Boomer retirements; and more.
The Fair Work Commission has upheld the dismissal of an employee based on "damning" CCTV footage, but nevertheless reproached the employer for "turning a blind eye" to other workplace problems.
A manager who claimed his employer could have prevented his redundancy by running its business more efficiently has failed to convince the Fair Work Commission he was effectively dismissed.
An employer has failed to have an employee's unfair dismissal claim thrown out on the basis that he repeatedly failed to comply with the Fair Work Commission's directions.
An employer had a valid reason to dismiss an employee, but failing to refer to it in his termination letter rendered its actions unfair, the Fair Work Commission has found.
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.
