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.
When an employer accused its CEO of serious misconduct, suggested his termination was "likely", and gave him only hours to decide whether to resign, it effectively dismissed him, the Fair Work Commission has ruled.
An employee who felt stressed and anxious while suspended from work made the "unfortunate decision" to "take the edge off" with cocaine, the Fair Work Commission has accepted, in upholding his dismissal for failing a D&A test.
Changing an employee's role when she returned from parental leave didn't repudiate her employment, but failing to pay her a $22k bonus breached a fundamental part of her contract and amounted to a dismissal, the Fair Work Commission has found.
Summary dismissals are often disputed, and they can have serious consequences for employers when they're found to be unfair. Watch this webcast to understand how to avoid common pitfalls when responding to serious misconduct.
The fact that an employee was over 55 years old and considering retirement didn't mean his employer had to approve his flexible work request, the Fair Work Commission has ruled.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
