The Fair Work Commission is treating allegations of s-xual harassment as a "very serious matter", but employers still need strong evidence and thorough processes to defend summary dismissals, a workplace lawyer says.
An overworked HR leader has won her unfair dismissal claim, with the Fair Work Commission finding summary dismissal was a disproportionate response to her allegedly unreasonable workplace behaviour.
An employer had "every right" to sack a worker who refused to update her training, but it chose not to do so, the Fair Work Commission has found in rejecting her unfair dismissal claim.
Blocking out unauthorised time in her calendar and using a "workaround" instead of established process didn't justify dismissal, but an employee went too far when she ignored policies and put clients at risk, the Fair Work Commission has ruled.
It was possible an employer wasn't aware of a worker's injury when it directed him to perform a task beyond his capacity, but dismissing him for refusing was harsh and unreasonable, the Fair Work Commission has ruled.
An employee who felt stressed and anxious while suspended from work made the "unfortunate decision" to "take the edge off" with cocaine, the Fair Work Commission has accepted, in upholding his dismissal for failing a D&A test.
Summary dismissals are often disputed, and they can have serious consequences for employers when they're found to be unfair. Watch this webcast to understand how to avoid common pitfalls when responding to serious misconduct.
An employer that continued to accuse a sacked worker of engaging in criminal conduct has been denied leave to appeal against paying her $14k for unfair dismissal.
An employer that claimed to have video footage of an employee's alleged serious misconduct, but didn't show it to him, must now defend his late unfair dismissal claim.
When an employer argues against reinstating a worker whose dismissal has been ruled unfair, it must go beyond setting out some grounds for lost trust and confidence and asking the Fair Work Commission to "assume" such a loss has occurred, a new decision shows.
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.
