"Expedition and informality" are desirable in industrial relations litigation, but when it comes to termination settlements, "there can be no substitute for clearly recorded written terms of agreement", a commission has highlighted.
After his unreasonable actions caused an employer to spend $29k defending an unfair dismissal case, a paid agent has unsuccessfully argued for a stay of a costs order pending the outcome of his appeal.
Despite an employee's "extensive" disciplinary history, a Fair Work Commission appeal bench has rejected arguments that his behaviour indicated he was unwilling to comply with workplace policies, and ordered his reinstatement.
An HR business partner's "minimal understanding" of the policy relied on to sack an employee "significantly" undermined the fairness of the dismissal, the Fair Work Commission has ruled.
An unexplained absence from work constituted abandonment of employment even though the employee was experiencing "extreme" mental health issues, the Fair Work Commission has ruled.
A workplace complaints process required some "reasonably painful bureaucratic steps", but it didn't leave an aggrieved employee with no option other than to resign, the Fair Work Commission has ruled.
An employee's recent sexual harassment training was evidence of the degree to which he was aware his workplace behaviour was inappropriate, and increased the seriousness of his misconduct, a commission has ruled.
Employees must establish a clear nexus between their obligations as parents of school-age children and their desired working arrangements, rather than simply rely on their parenting status, if they expect to win disputes over flexible work refusals, a new ruling shows.
Performance conversations that weren't as "overt" as they could have been contributed to an employee's confusion regarding the reasons for her dismissal, but her employer's decision wasn't unlawful, the Fair Work Commission has ruled.
A reinstatement order for a long-serving employee who was sacked for breaching a workplace D&A policy has been upheld, after a Fair Work Commission full bench found the decision wasn't "unreasonable or plainly unjust".
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.
