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An employer had valid reasons to sack an employee who couldn't maintain constructive workplace relationships, but it unfairly failed to warn him his employment was at risk, the Fair Work Commission has ruled in awarding compensation.
The Fair Work Commission has rejected that an employee's domestic violence disclosure to HR triggered an "exponential" increase in performance conversations that led to his constructive dismissal.
The Fair Work Commission has rejected that an employee's poor attitude and failure to meet KPIs warranted dismissal, and ordered his reinstatement with continuity of service and backpay.
An employee should have been given a "reality check" about his poor performance before he was dismissed, the Fair Work Commission has ruled in awarding him compensation.
It was reasonable to direct an employee to attend an independent medical examination due to suspicions her unsatisfactory performance was caused by an ongoing medical condition, a commission has ruled.
Having one member of a small team repeatedly fail to meet project timelines was "a situation that any business would need to address", the Fair Work Commission has noted in rejecting an employee's stop-bullying claim.
An underperforming employee has failed to prove he was forced to resign, with the Fair Work Commission accepting his manager was genuinely trying to "get the best out of him".
An employee who made "troubling" comments during a performance meeting and then took extended sick leave was fairly sacked after refusing to attend an IME, the Fair Work Commission has ruled.
An employee has failed to prove that he was threatened with performance management and a role transfer because of his work-related injury, with a tribunal finding managers were just giving him "helpful suggestions".
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.
