A large employer's dismissal process was "fundamentally flawed" and its inadequacy "surprising" given its size and dedicated HR function, the Fair Work Commission has found.
A casual employee whose engagements were described as "ad hoc and sporadic" had unfair dismissal protection and was sacked without a valid reason, the Fair Work Commission has ruled.
An employer has lost its appeal against a constructive dismissal ruling, after a full bench of the Fair Work Commission found no evidence that an employee agreed to change the date his resignation took effect.
Accusing an employee of misconduct and issuing her a warning, in circumstances which at their highest pointed to an inadvertent breach, was not reasonable administrative action, a tribunal has found.
After responding to multiple performance and conduct concerns with only warnings and counselling, an employer has failed to convince the Fair Work Commission that it had a valid reason to opt for termination.
It was appropriate for an employer to seek detailed medical clearance after a worker's lengthy mental health absence, the Fair Work Commission has noted, in rejecting that he was constructively dismissed.
Despite managing a somewhat "difficult" worker with empathy, an employer unfairly failed to ensure he understood its concerns about his behaviour before sacking him, the Fair Work Commission has ruled.
There are two major findings with implications for most employers in the Federal Court's latest decision regarding Woolworths' and Coles' alleged underpayments, a workplace lawyer says.
The Fair Work Commission had no jurisdiction to consider whether FDV experienced while working from home meant an employee had suffered a workplace injury, it has noted in concluding her dismissal after a 15-month absence wasn't unfair.
Despite receiving HR advice about how to handle a redundancy meeting, an employer gave a long-serving manager no prior notice of its decision and no opportunity to bring a support person, among other factors found to be unreasonable.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
