An employee aimed to "attack the competence" of an organisation's directors to make his own evidence more persuasive, but this didn't make his unfair dismissal claim vexatious, the Fair Work Commission has found.
The general protections claim of an employee seeking more than $100 million is again underway, after a full bench of the Fair Work Commission found his actions against 18 respondents shouldn't have been dismissed.
An employer that continued to accuse a sacked worker of engaging in criminal conduct has been denied leave to appeal against paying her $14k for unfair dismissal.
A ruling that an employee's performance-based dismissal was unfair contained numerous errors, a full bench of the FWC has found, in clarifying what constitutes "harsh" under the Fair Work Act.
An employer that claimed to have video footage of an employee's alleged serious misconduct, but didn't show it to him, must now defend his late unfair dismissal claim.
Two workers who settled unfair dismissal actions have failed to convince the Fair Work Commission their agreements didn't also prevent them from pursuing underpayment claims against their employer.
When an employer argues against reinstating a worker whose dismissal has been ruled unfair, it must go beyond setting out some grounds for lost trust and confidence and asking the Fair Work Commission to "assume" such a loss has occurred, a new decision shows.
After its workplace training was described as a "tick and flick" exercise, an employer has been ordered to compensate a worker who engaged in "totally unacceptable" behaviour.
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.
