A sacked leader "was not without her failings", but her supervisor's "managerial cowardice", in failing to raise any performance concerns with her prior to termination, made her dismissal unfair.
HR's role in a performance review and management process was "worthy of scrutiny", the Fair Work Commission has noted, in ordering an employer to reinstate a senior employee.
After falsifying timesheets and providing a "wholly unconvincing" explanation for them, an employee was ill advised to persist with his unfair dismissal claim, the Fair Work Commission has noted.
An employer proceeded with "undue haste" and insufficient evidence when it sacked an employee for breaching its D&A policy, according to the Fair Work Commission.
Using a work email address to enquire about a job opportunity wasn't serious misconduct that warranted summary dismissal, the Fair Work Commission has ruled.
An employee who appeared to take every decision unfavourable to him as a "personal affront" has failed to win stop-bullying orders, with the Fair Work Commission finding none of his seven allegations met the required bar.
Despite "profoundly troubling" evidence about an employee's inappropriate workplace interactions, a Fair Work Commission full bench has declined to overturn a finding that his dismissal was unfair.
An employee's "odd and difficult" behaviours led to personality clashes with supervisors, which in turn aggravated his bipolar disorder and rendered his employer liable for workers' compensation, a commission has ruled.
Despite suspecting an employee intended "two extremely inappropriate gestures" as jokes, the Fair Work Commission has ruled they justified his dismissal.
An imperfect disciplinary process and differential treatment of an employee didn't undermine an employer's valid reason to sack her for misconduct, but the Fair Work Commission has nonetheless ordered her reinstatement.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.