Reducing a casual employee's shifts amounted to a dismissal, and denying her an opportunity to respond to the decision rendered it harsh, unjust and unreasonable, the Fair Work Commission has found.
After initially throwing out his claim, the Fair Work Commission has found a mentally unwell employee was dismissed when his employer accepted his resignation, and that his circumstances made this "unquestionably harsh".
An employee has failed to prove criticisms of his performance were "misconceived", with the Fair Work Commission finding his dismissal was fair, even though elements of his performance improvement plan were questionable.
It was "disgraceful" for an employer to retain a director on its board after substantiating s-xual harassment allegations against him, the Fair Work Commission has found.
An employee whose general protections claim was struck out as an abuse of process has won leave to appeal, after the Federal Circuit Court accepted his contentions of bias had sufficient prospects of success.
A "most unsatisfactory" approach to substantiating misconduct allegations has resulted in unfair dismissal compensation for an employee, whose aggressive behaviour caused a P&C manager to take stress leave.
An employee who couldn't return to her role after a traumatic workplace incident has failed to convince the Fair Work Commission her dismissal was unfair.
It was "unfortunate" that an employee was misled about the medical evidence she needed to provide to return to work after a long absence, but this didn't justify her objections to attending an independent medical examination, a commission has ruled.
In dismissing the appeal of an employee sacked for code of conduct and privacy breaches, a Fair Work Commission full bench has rejected that the absence of an independent investigation rendered an employer's termination process unfair.
An employee's psychological injury was caused by real work events rather than "pure delusion", a commission has upheld in dismissing an employer's appeal.
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.
