Discussing a polyamorous lifestyle wasn't in itself a valid reason to sack an employee, however his conversations went beyond that, the Fair Work Commission has noted in upholding his dismissal.
Claiming to seek a flexible work arrangement due to a child's needs was "somewhat misleading", the Fair Work Commission has commented, in dismissing an employee's dispute over a rejected request.
The Fair Work Commission has stayed the reinstatement of an employee whose dismissal was unfair, while downplaying the employer's concerns about his potential impact on others in the workplace.
A "competent" employee was unable to meet the requirements of his role due to an "unfortunate coincidence of circumstances", the Fair Work Commission has found, while upholding his dismissal as fair.
Aggressive and intimidating behaviour was not a valid response to performance management, the Fair Work Commission has found, ruling that the employee's conduct was detrimental to the wellbeing and safety of his colleagues and justified his dismissal.
Stripping an employee of his core duties without explanation was "objectively unreasonable", the Federal Circuit Court has found, in ruling an employer breached its obligation to provide him with a safe workplace.
An HR business partner "selectively" used information from a covert recording to bolster serious misconduct allegations against an employee, the Fair Work Commission has found in unfair dismissal proceedings.
The Fair Work Commission has refused an employee's application for stop-bullying orders, while finding some of his own behaviour was "consistent with upward bullying".
Making an employee's pre-parental leave position redundant repudiated her employment contract, but this only turned into a termination when she filed a general protections dismissal dispute, the Fair Work Commission has ruled.
Compliance with an enterprise agreement alone does not constitute a reasonable business ground for refusing a flexible work request, a Fair Work Commission full bench has confirmed in dismissing an employer's appeal.
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.
