An employer that dismissed its 'worst salesperson' for failing to meet his targets acted unfairly because he received no formal, personal warnings, the FWC has found.
An employee's "naïve belief" that he could unilaterally decide when he would return to his workplace was a valid reason for dismissal, but his employer's "severely flawed" process made it unfair.
An employee who has been jailed until 2026 over sexual assault has failed to convince the Fair Work Commission his unfair dismissal application should proceed. Also in this article, new case law on stand downs, rescinded resignations, and more.
An employer has been cleared of unfair dismissal after making a pregnant worker's role redundant, causing her to lose her work visa. Also in this article: new rulings on mandatory vaccinations, workplace investigations, casual employees, and more.
An employer that asked an employee to resign following drug-use allegations acted unfairly and with limited proof, but subsequent evidence outweighed its procedural flaws, the Fair Work Commission has found.
The employer behind "one of the worst cases of management bullying" a Fair Work Commissioner has ever seen acted too harshly when it sacked a worker who was misinformed about her workplace rights.
A misconduct investigation that generated 12 allegations against an employee but substantiated just six used a "kitchen sink" approach, the Fair Work Commission has found, deeming the termination harsh despite the employer's valid reason.
An employee who was "at best" difficult and argumentative has won compensation for unfair dismissal, after the Fair Work Commission found numerous verbal warnings didn't give him sufficient notice that termination was on the cards.
A large employer's procedural failings when sacking an underperforming employee "should not have occurred", according to the FWC, which criticised the HR manager for not playing a more active role in the process.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
