In a case highlighting the importance of contemporaneous dismissal evidence, the Federal Circuit Court has rejected that a general manager was sacked for making workplace bullying complaints.
An employer's s-xual harassment investigation focused on a complainant's "subjective reactions" and failed to fully consider the context of an incident, the Fair Work Commission has ruled in ordering reinstatement.
The Fair Work Commission has ordered reinstatement after finding an employer's tendency to "inflate the gravity and seriousness" of a worker's misconduct led to a harsh dismissal.
A 60-year-old employee sacked because he could no longer perform the inherent requirements of his role was not unfairly dismissed, despite arguing HR defamed him, a commission has found.
An employer effectively forced a poor-performer to resign but it didn't unfairly sack him; rather, it was trying to give him a "dignified exit", the Fair Work Commission has found.
In a new decision under the Fair Work Act's powers to order sexual harassment to stop, a Deputy President has examined when harassment will be deemed to have occurred "at work".
An employer's flawed approach to managing misbehaviour contributed to an employee's "defiant protestation and lack of cooperation", the Fair Work Commission has found in upholding his unfair dismissal claim.
A Fair Work Commission full bench has affirmed the principles of what constitutes work-related conduct out-of-hours, in upholding an employer's appeal against a reinstatement order.
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.
