A manager was not forced to resign, but rather engaged in a clear strategy of undermining his own return to work because "he wanted to be dismissed", the Fair Work Commission has ruled in rejecting his general protections claim.
An employee was not eligible to apply for stop-bullying orders regarding behaviour that occurred while she was absent and receiving workers' compensation payments, the Fair Work Commission has ruled, in a case that a lawyer says takes a surprisingly narrow view of when someone is considered "at work".
After sending an employee a text message about her "final payment", an employer couldn't argue it never meant to dismiss her, the Fair Work Commission has found.
The "sheer number" of bullying and discrimination allegations against an employee should not have persuaded her employer they were true, the Fair Work Commission has found.
It was fair to dismiss an employee who avoided workplace investigation meetings and refused his employer's requests for medical examinations, the Fair Work Commission has found.
An employer's application for approval of a new enterprise agreement has been rejected by the Fair Work Commission, which found it didn't pass the better-off-overall test and wasn't genuinely agreed to by the workforce.
In dismissing an employee's stop-bullying application, the Fair Work Commission has accepted an employer's undertakings to restrict his correspondence and interactions with the alleged bullies.
The potential for an employee's behaviour in an airport lounge to cause "serious damage" to her work relationship meant she couldn't argue it was out-of-hours conduct unworthy of dismissal, the Fair Work Commission has ruled.
An employer has acknowledged its failure to use internal HR support before making an employee's role redundant, which resulted in an order to pay $20k for unfair dismissal.
In neglecting to provide clear evidence of who initiated serious misconduct allegations against an employee, an employer has failed to prove it didn't take unlawful adverse action against her.
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.
