An employer should have considered performance management or a "significantly clear warning" after an experienced employee breached its policies, instead of moving straight to termination, the Fair Work Commission has ruled in ordering her reinstatement.
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.
Dismissing a supervisor because she failed to include any "emotions" in her group texts was unfair, the Fair Work Commission has ruled in awarding her three months' compensation.
It was unfair of an employer not to follow through with its promise to discuss dismissal alternatives with a vaccine-hesitant worker, the Fair Work Commission has ruled.
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.
The risk that interview recordings from a misconduct investigation might end up on the internet has been deemed a "significant" consideration in weighing up an employee's access request.
An employer was entitled to reduce a supervisor's pay by nearly $20k after he "provided education" to subordinates about how to escape a sexual assault.
An employee's unblemished 32-year tenure didn't outweigh his failure to comply with "clear" directions following customer complaints about him sharing COVID conspiracy theories, the Fair Work Commission has ruled in upholding his dismissal.
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.
