An employee who consumed up to 15 drinks the night before turning up late to work was unfairly dismissed, because his employer did not submit evidence proving he was still intoxicated.
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.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
