An employer didn't constructively dismiss an employee when it offered her the choice of resigning, or returning to a workplace alongside her alleged bullies, the Fair Work Commission has found.
In a case that provides an important "lesson" for dealing with workplace complaints, an employer has been criticised for failing to deal with allegations in a "timely and transparent manner".
A medically incapacitated employee's request to adjourn unfair dismissal proceedings has been rejected, with the Fair Work Commission finding any further delay would prejudice the employer and prevent a fair outcome.
An employer could not reasonably argue that an employee's perception of "chronic understaffing" and limited support was not in fact "a reality", a tribunal has found in psychological injury proceedings.
An employee held a "reasonable and understandable expectation" that his employment would continue past the end date of his fixed-term contract, the Fair Work Commission has found, in clearing him to pursue a general protections claim.
An employer that accused a worker of abandoning her employment and causing it to lose customers will have to face her general protections claim, after the Fair Work Commission found it dismissed her.
A manager who told an employee to "f-ck off" and leave work didn't constructively dismiss him, the Fair Work Commission has ruled, finding the direction was an effort to "defuse" their heated exchange.
The Fair Work Commission didn't become a "protagonist" when it aimed to vindicate its "theory" that an employer engaged in an elaborate sham to deprive workers of penalty rates, the Federal Court has found in rejecting an apprehended bias claim.
The Fair Work Commission has no choice but to make an order requiring labour hire workers be paid the same pay rates as their directly employed counterparts at a site, the Mining and Energy Union is arguing in the first 'same job, same pay' application.
An employee's accounts of bullying and hostile conduct had "such independent consistency and support" that there was "no doubt they were based on real events", a commission has found in upholding her psychological injury claim.
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.
