A "clunky, hybrid form of performance management" that aimed to "go easy" on a long-serving employee has backfired, with a commission overturning an employer's disciplinary decision.
An employee's stop-bullying application contained some "frivolous and vexatious elements", but his allegations about an HR business partner were "highly offensive, indefensible and damaging", the Fair Work Commission has found.
An employer could have prevented its employee's removal from a site, and his subsequent unfair dismissal, if it had proactively addressed the performance and attendance issues its client raised, the Fair Work Commission has ruled.
Instead of accepting an underperforming employee's "gracious" resignation, an employer immediately and unfairly dismissed him for serious misconduct, the Fair Work Commission has ruled.
It was unfair to say an employee "should have known" that his performance was unsatisfactory, when the employer gave him no warnings and failed to follow its own policy before summarily dismissing him, according to the Fair Work Commission.
The Fair Work Commission has used a "rarely exercised" power to revoke an unfair dismissal ruling it made in an employee's favour, after finding she misled both her employer and the tribunal.
A ruling that an employee's performance-based dismissal was unfair contained numerous errors, a full bench of the FWC has found, in clarifying what constitutes "harsh" under the Fair Work Act.
An employer dismissed a worker for unsubstantiated performance issues, without proper warning, and denied him an opportunity to respond, the Fair Work Commission has found.
It wasn't unfair or harsh to dismiss an underperforming HR administrator who had received numerous warnings and offers of support, the Fair Work Commission has ruled.
It was harsh to summarily sack an employee for timesheet fraud, even though his ongoing performance issues warranted dismissal, the Fair Work Commission has ruled in awarding him five weeks' pay as compensation.
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.
