The extent of employers' duty of care to employees during workplace investigations is set to be examined by the High Court, after a worker who unsuccessfully sued for damages following an "insensitive" investigation was granted special leave to appeal the ruling.
The Fair Work Commission has found an employer took unreasonable management action against an employee, but has dismissed his stop-bullying application because the incidents weren't "repeated".
An employer's delay in refusing an employee's annual leave request, and its subsequent decision to dismiss her, amounted to "serious mismanagement", the Fair Work Commission has ruled.
Failing to offer an employee a support person for a disciplinary meeting contributed to his "heat of the moment" resignation and ultimately made the termination of his employment unfair, the Fair Work Commission has ruled.
An employer that sacked a worker for not being a "good fit" for her role has been ordered to compensate her for unfair dismissal, after the Fair Work Commission found its process was procedurally unfair.
An employer's dismissal of its most senior manager following employee complaints was "capricious, spiteful and prejudiced", the Fair Work Commission has ruled.
An employer was wrong to sack a manager without warning after his team delivered a JK Rowling book a day early, the Fair Work Commission has found, awarding him $50k in compensation.
The Fair Work Commission has chastised a large employer for dismissing an employee over the phone while she was on sick leave, likening its action to "tossing out a dirty rag".
An employer that made generalised accusations against an employee, despite having video footage of her alleged misconduct, practised a "form of entrapment", the Fair Work Commission has found in ordering her reinstatement.
The Fair Work Commission has condemned an employer for its "gross denial of natural justice" after it summarily dismissed an employee whose ex-wife claimed he was stealing from the company.
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.
