The seriousness of an employee's misconduct outweighed his employer's numerous disciplinary failings, the Fair Work Commission has found in rejecting his unfair dismissal claim.
A labour hire employee's previous work at a site did not count towards 'continuous service' after the host directly employed him, the Fair Work Commission has ruled.
The Fair Work Commission has found an employee did not breach his employer's workplace policies in expressing a view about domestic violence that was inconsistent with its philosophy, but has nonetheless rejected his unfair dismissal claim.
The Federal Circuit Court has chastised the Fair Work Ombudsman for reporting underpayment allegations as facts, in finding an employer suffered significant consequences as a result of the negative publicity.
An employer has successfully argued it owed an HR employee no redundancy payment, with the Fair Work Commission accepting she "jumped the gun" when she resigned without properly considering a redeployment offer.
The Fair Work Commission has described an employer's approach to returning an employee to work as "patient and generous", and rejected his claim for unfair dismissal.
The Full Federal Court's decision to overturn the approval of an enterprise agreement puts an "incredibly high onus" on employers to explain EA terms during the consultation stage, according to a legal expert.
A tribunal has rejected an employee's claim that he was unfairly sacked following his conviction for domestic violence, which he argued was not sufficiently connected to his employment to warrant his dismissal.
An employee who was directed to return to work while he was on sick leave for diabetes has successfully claimed workers' compensation for a psych injury.
The Fair Work Commission has criticised an employer for failing to properly scrutinise the work history of an employee, who was dismissed over historical allegations of s-xual misconduct.
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.
