Employers should be on notice that restraint of trade disputes are likely to rise this year, with a lawyer warning that exiting employees need firm reminders about their post-employment obligations.
An employer has failed to convince a tribunal that it should not be held liable for an employee's psychological injury claim because medical evidence showed she was a "heavy drinker".
An employee who says he joked about making a fraudulent compensation claim but had no intention of following through was unfairly dismissed, the Fair Work Commission has found, rebuking his employer for using a hasty investigation and flimsy evidence to bolster a "highly speculative" allegation.
An "unusual" unfair dismissal case highlights the potential risks employers face when trying to comply with strict whistleblowing laws and procedural fairness requirements during disciplinary matters, a workplace lawyer says.
An employee who was "clearly" aggrieved by how her employer handled her post-injury return to work has failed to prove her redundancy was a "sham" to replace her.
A long-serving employee's dismissal for one instance of misconduct should reinforce to workers that complying with policies "is not optional" and ignoring them can have serious consequences.
An employer's disciplinary approach wasn't "punitive" and unsympathetic; rather it tolerated an employee's inappropriate behaviour for years out of a misplaced "sense of compassion", the Fair Work Commission has found in rejecting a dismissal claim.
An underperforming employee who normally would have been sacked during probation "slipped through the cracks", but his manager's diligent performance management process made the dismissal fair.
An employer that retroactively capped an "over-performer's" commission when she achieved sales more than five times her target has failed in its appeal against a $370k damages award.
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.
