A 64-year-old worker, whose employment was terminated the day after he had a severe fall requiring surgery, has been cleared to claim unfair dismissal despite lodging his application late.
The Fair Work Commission has rejected that a supervisor's employment ended by mutual agreement after a heated argument, accepting he was dismissed without a valid reason.
An employer's attempts to avoid dismissing an employee who engaged in serious misconduct at a client site distinguished his case from other rulings involving workers sacked as a result of third-party directions, according to the Fair Work Commission.
A potential inconsistency in an employer's D&A policy did not undermine its dismissal of a worker who had breached it three times, a full bench of the Fair Work Commission has ruled.
Failing to disclose use of medicinal marijuana clearly breached an employer's policy, but the employee didn't act with "malevolence", the Fair Work Commission has ruled in ordering his reinstatement.
The FWC has no jurisdiction to deal with a casual conversion dispute lodged by an employee whose role was made redundant shortly after she sought to become permanent.
An email that an employee characterised as "menacing" was in fact "reasonable and appropriate", and every matter that managers raised with him "ought to have been raised", the FWC has found in rejecting his stop-bullying application.
Employers are being urged to review their PPL policies, in the wake of a finding that an employee was entitled to take paid leave as a primary caregiver, months after he had accessed paid leave as the baby's "non-primary" carer.
An employer's failure to include a critical safety rule in its 'consolidated' D&A manual has undermined its objection to reinstating a worker sacked for breaching its policy.
Employees' right to disconnect doesn't extend to Fair Work Commission proceedings, a Deputy President has stated in rejecting an employer's request for more time to prepare its defence to an unfair dismissal claim.
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.
