Two employees have failed to win an injunction blocking their employer from dismissing them for misconduct, arguing they were targeted after campaigning for a new enterprise agreement.
An employer should have given a worker more than 24 hours to recover from her "heightened emotional state" after a threatening incident at work, rather than accepting her on-the-spot resignation, the Fair Work Commission has found.
A probationary employee who attended only one-third of her scheduled work days, and was late on most of those occasions, has failed to prove her dismissal was actually motivated by her bullying complaint.
A worker has lost her stop-bullying claim after making "unpalatable" accusations that she was targeted due to her Chinese heritage, with the Fair Work Commission finding no evidence of repeated unreasonable behaviour towards her.
An employer failed to learn from its mistakes and unfairly sacked a long-serving worker for returning a positive D&A test, the Fair Work Commission has found in ordering reinstatement.
It was reasonable to summarily dismiss an employee for biting, physical fighting and buttock slapping, with the Fair Work Commission finding his behaviour wasn't "horseplay or friendly banter".
An employee who held a "fundamentally different view" of his performance to that of his employer has lost his unfair dismissal claim, with the Fair Work Commission finding he was given "multiple opportunities" to improve.
An HR manager and other superiors caused an employee's psychological injury when they either ignored or failed to properly investigate her bullying and harassment complaints, a commission has ruled.
The Fair Work Commission has affirmed disciplinary action against a remote worker who drank wine during an online meeting, rejecting that he was not "at work" at the time.
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.