An employer has successfully appealed an order for it to reinstate a senior executive and backpay him $1 million, after a full Federal Court found the primary judge took an incorrect approach in assessing the evidence of the case.
A recruitment company used a stand-down direction to force a state manager to resign, so it could avoid paying her contractual entitlement to three months' notice, the Fair Work Commission has ruled.
An employee sacked for deliberately misusing his company credit card has been awarded compensation for unfair dismissal after the Fair Work Commission found his employer's response was "severely flawed", and amounted to an ambush.
A court has ruled two workers breached their employment contracts, in the absence of any restraint terms, after retaining confidential client information and establishing a competing business.
An employer has failed to argue it "broadly complied" with redundancy consultation obligations, with the Fair Work Commission saying the steps it took could "never constitute meaningful consultation".
In a case that illustrates the perils of growing "weary or impatient" when trying to follow a fair termination process, the FWC has upheld a "confrontational" employee's unfair dismissal claim.
The Fair Work Commission has handed down important rulings for employers on calculating overtime rates for casual employees, and what constitutes regular and systematic employment.
Dismissing an employee who had been absent for more than two years was unfair, the Fair Work Commission has ruled, because the employer lacked evidence he would be unable to perform the inherent requirements of his role in the future.
It was reasonable for an employer to contact an employee while he was on sick leave after a Facebook post implied he'd caught COVID-19 from a client, the Fair Work Commission has found in dismissing his stop-bullying claim.
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