A host employer had every right to request a labour hire company remove a worker from its site, but the labour supplier was also right to push back against the decision, the Fair Work Commission has found.
An executive who was headhunted for an executive role, only to be sacked during probation, has failed to convince a court that pitching the role as "long-term" constituted "misleading and deceptive conduct".
When determining how to respond to news of an employee's criminal charges, employers must always bear in mind the presumption of innocence, a workplace lawyer says.
An employer's failure to follow its own policy didn't automatically "doom" the outcome of its investigation, the Fair Work Commission has ruled, upholding the dismissal of a "loose cannon" who showed no willingness to change.
The extent of employers' duty of care to employees during workplace investigations is set to be examined by the High Court, after a worker who unsuccessfully sued for damages following an "insensitive" investigation was granted special leave to appeal the ruling.
The Fair Work Commission has found an employer took unreasonable management action against an employee, but has dismissed his stop-bullying application because the incidents weren't "repeated".
An employer's delay in refusing an employee's annual leave request, and its subsequent decision to dismiss her, amounted to "serious mismanagement", the Fair Work Commission has ruled.
Failing to offer an employee a support person for a disciplinary meeting contributed to his "heat of the moment" resignation and ultimately made the termination of his employment unfair, the Fair Work Commission has ruled.
An employer that sacked a worker for not being a "good fit" for her role has been ordered to compensate her for unfair dismissal, after the Fair Work Commission found its process was procedurally unfair.
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.