A mutually agreed termination couldn't later be characterised as a dismissal, even if the parties were in dispute about its terms, the Fair Work Commission has ruled.
The "commensurate" positions an employer offered its workers because their roles were no longer required were in fact demotions that repudiated their employment contracts, the Fair Work Commission has found.
Employees' expectations around flexibility and hybrid working are creating "some interesting issues" in redundancy-related disputes, an employment lawyer says.
Withdrawing a job offer after a candidate made "persistent phone calls and negative comments" could not have been an "illegal termination", because no employment relationship yet existed, the Fair Work Commission has found.
An executive's acceptance of a mutual separation offer via email amounted to a binding settlement, even though he never signed the deed of release, the Fair Work Commission has found in throwing out his general protections dispute.
An employer had a valid reason to dismiss an employee who breached its code of conduct, and its decision was fair regardless of whether she'd been specifically trained in the circumstances that led to her actions, the Fair Work Commission has found.
Regularly pressuring an employee to work overtime posed a "real risk" to his health and safety, and was just one example of the repeated unreasonable conduct that forced him to resign, the Fair Work Commission has ruled.
A young white employee "imputed with conservative political beliefs" has had his general protections bid thrown out, after a court found his claim was largely a "crusade" against diversity and inclusion.
A manager's "dramatic" shift from supporting an employee to sacking her for serious misconduct was driven by "vindictive personal reasons", the Fair Work Commission has found, in awarding her $56k in compensation.
Meetings to address interpersonal conflict led an employee to believe she was being bullied, a commission has ruled, in rejecting this perception was part of her "delusional" thought processes.
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.
