After complaining about dangerous workplace behaviour, an employee resigned in the heat of the moment, according to the Fair Work Commission, and his employer should have waited to confirm his intentions rather than accept it.
A tribunal has upheld an appeal by an employee who sustained a psychological injury after being falsely accused of misconduct, in a ruling that shows employers can't just refer to their third-party contracts when relying on a reasonable action defence.
It "defies belief" that an employer would defend a consultation process as "best practice", when it involved informing a manager of his termination during an impromptu coffee meeting in a busy street, according to a tribunal.
An employer's decision to create a new role to absorb an employee's duties didn't mean her redundancy wasn't genuine, the Fair Work Commission has found.
An employer didn't act "with undue haste" regarding a worker whose visa renewal arrived just days after he was sacked for not having Australian work rights, the Fair Work Commission has ruled.
The Fair Work Commission has used a "rarely exercised" power to revoke an unfair dismissal ruling it made in an employee's favour, after finding she misled both her employer and the tribunal.
An employer wasn't obligated to provide a detailed employment contract for a "directly comparable" redeployment opportunity, the Fair Work Commission has found, in ruling it fulfilled its consultation requirements and the redundancy was genuine.
After an employer gave undertakings to keep an employee separate from his alleged bullies, and in circumstances where he seemed unlikely to return to work anyway, it wasn't wrong for the Fair Work Commission to dismiss his stop-bullying application, a full bench has ruled.
Despite maintaining that lying would be an "affront to his faith", an employee has failed to convince the Fair Work Commission he was falsely accused of misconduct.
An employee who won $20k for unfair dismissal has tried to argue his compensation should have been higher, and that his employer should have been penalised for "lying and exaggerating" in its evidence.
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.
