An employee accused of misconduct has successfully argued he was unfairly sacked, with the Fair Work Commission accepting his summary dismissal was the result of a "misunderstanding", and marred by procedural failings.
It was not unfair of an employer to dismiss a worker who was "hell bent" on travelling overseas for Christmas and took leave without approval, the Fair Work Commission has ruled.
An employer discriminated against an employee in a sexual harassment investigation, by treating her less favourably than the co-worker accused of the conduct, a tribunal has ruled.
The Fair Work Commission has criticised an HR manager for "erroneously elevating" allegations against a manager in a sacking that was "entirely disproportionate" to his performance.
An employee who worked remotely for several years before his employer told him to return to the office or resign was unfairly dismissed, the Fair Work Commission has ruled.
A worker with less than six months' permanent employment has convinced a court she had an expectation of continuing, regular and systematic work since her earlier days as a casual employee, entitling her to unfair dismissal rights.
Workplace investigations in Australia intersect with legislation that's often "complex, fragmented and unsettled", causing confusion about employers' obligations and rights, according to an expert who is calling for reform.
An employer has successfully defeated an unfair dismissal claim on the grounds it had already been settled, despite the employee protesting that he never signed off on the deal.
A BHP employee who was sacked after conducting an airport prank and posing in uniform for an inappropriate photo will receive compensation, after her employer failed to follow its own disciplinary process.
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.
