An employer that asked an employee to resign following drug-use allegations acted unfairly and with limited proof, but subsequent evidence outweighed its procedural flaws, the Fair Work Commission has found.
A performance improvement plan (PIP) that warned of possible disciplinary action at the bottom of every page came across as punitive but didn't constitute bullying, the Fair Work Commission has found.
The employer behind "one of the worst cases of management bullying" a Fair Work Commissioner has ever seen acted too harshly when it sacked a worker who was misinformed about her workplace rights.
A misconduct investigation that generated 12 allegations against an employee but substantiated just six used a "kitchen sink" approach, the Fair Work Commission has found, deeming the termination harsh despite the employer's valid reason.
A major food manufacturer is taking a team-by-team approach to long-term flexible work, shifting mindsets for high performance and developing charters rather than 'rules'.
An employee who "unfairly characterised" nearly every interaction with superiors as bullying has lost his unfair dismissal claim, with the Fair Work Commission finding he was a "peddler of false allegations".
An employee who was "at best" difficult and argumentative has won compensation for unfair dismissal, after the Fair Work Commission found numerous verbal warnings didn't give him sufficient notice that termination was on the cards.
A large employer's procedural failings when sacking an underperforming employee "should not have occurred", according to the FWC, which criticised the HR manager for not playing a more active role in the process.
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.
