Resigning may well have been the right decision for an employee who didn't trust HR to take her workplace complaints seriously, according to the Fair Work Commission, but this didn't mean the employer's conduct forced her hand.
A sacked leader "was not without her failings", but her supervisor's "managerial cowardice", in failing to raise any performance concerns with her prior to termination, made her dismissal unfair.
After falsifying timesheets and providing a "wholly unconvincing" explanation for them, an employee was ill advised to persist with his unfair dismissal claim, the Fair Work Commission has noted.
An employer proceeded with "undue haste" and insufficient evidence when it sacked an employee for breaching its D&A policy, according to the Fair Work Commission.
Despite suspecting an employee intended "two extremely inappropriate gestures" as jokes, the Fair Work Commission has ruled they justified his dismissal.
An imperfect disciplinary process and differential treatment of an employee didn't undermine an employer's valid reason to sack her for misconduct, but the Fair Work Commission has nonetheless ordered her reinstatement.
The evidence submitted to back up a misconduct dismissal went no further than "undated letters that made vague references to concerns", which an employer appeared to have accepted "at face value", the Fair Work Commission has ruled.
The Federal Circuit Court has refused to lift an employee's suspension without pay during his investigation for misconduct, despite the employer's "inordinate delay" indicating a likelihood of unlawful adverse action.
An employee sacked for aggressive and threatening conduct has won reinstatement, after the Fair Work Commission found his employer failed to consider his challenging personal circumstances before dismissing him.
A sacked employee wasn't "up to the job", according to his employer, and his role was no longer required, but the Fair Work Commission has ruled his dismissal was nonetheless unfair.
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.
