An employer has failed to prove it had a legal right to demote a manager accused of misconduct, with the Fair Work Commission finding this disciplinary action repudiated her employment contract.
An employee who was threatened and assaulted by another worker has been awarded compensation for a psychological injury, after a commission found the employer's investigation into the incident was unreasonable.
An employer's "blanket rule" not to tolerate violence in any circumstances was not "valid, fair, or practicable", the Fair Work Commission has ruled, in finding an employee was unfairly sacked after a physical altercation.
An HR manager has failed to convince the Fair Work Commission that he couldn't have sacked a casual worker, who refused to attend an unpaid training session, as she never "officially" started in her role.
A remote worker has failed to prove her dismissal for having "low keystroke activity" over a three-month period was unfair, with the Fair Work Commission finding her failure to perform duties was not "minor" or "incidental".
A recent dispute over a non-disparagement clause in a settlement deed shows "it's really important to get language right" when drafting these agreements, a lawyer says.
An employee who relied on legal advice and delayed informing his workplace of pending criminal charges has been denied permission to appeal his failed unfair dismissal claim, with a full bench affirming his workplace reporting obligations outweighed his lawyer's advice.
A manager whose role was made redundant just hours after he allegedly told his employer he planned to apply for unpaid parental leave has lost his adverse action claim.
An "unusual" case highlights the importance of ensuring commonly used settlement-deed clauses accurately reflect both parties' intentions upon separation, according to a lawyer.
Employees are becoming more "energised" to advocate for their workplace rights and the Fair Work Commission's first equal pay ruling has important lessons on preventing and defending these types of claims, a lawyer says.
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.
