An overworked HR leader has won her unfair dismissal claim, with the Fair Work Commission finding summary dismissal was a disproportionate response to her allegedly unreasonable workplace behaviour.
An employer had "every right" to sack a worker who refused to update her training, but it chose not to do so, the Fair Work Commission has found in rejecting her unfair dismissal claim.
An employee who was "unwilling" to acknowledge the part he played in his ongoing unfitness for work has failed to persuade a full bench of the Fair Work Commission to re-examine a decision that his dismissal was fair.
When an employer failed to communicate its retirement policy to an employee until after it found his replacement, in effect it unfairly dismissed him, according to the Fair Work Commission.
Westpac gave an employee ample warning that she might not receive any redundancy pay if she didn't take up the "identical" role it offered her, the Fair Work Commission has found, in reducing her entitlement from $11,245 to zero.
Blocking out unauthorised time in her calendar and using a "workaround" instead of established process didn't justify dismissal, but an employee went too far when she ignored policies and put clients at risk, the Fair Work Commission has ruled.
An employer has lost its jurisdictional objection to a manager's unfair dismissal claim, but his "belittling and insulting" behaviour gave it a valid reason to sack him, the Fair Work Commission has ruled.
An HR business partner who was selected for retrenchment based on being the "weakest" performer on the team has been denied permission to appeal a finding that her termination was a case of genuine redundancy.
An employer had "room to improve" certain communication and processes, but the issues an employee complained about didn't warrant stop-bullying orders, according to the Fair Work Commission.
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.