After being on restricted duties for nearly seven years, an employee who claimed she might be fit to perform her pre-injury role "at some time in the future" has lost her unfair dismissal claim.
The operational variations between 10 employers weren't "significantly" different enough to warrant blocking a supported bargaining authorisation, a Fair Work Commission full bench has ruled.
It was fair to summarily dismiss a worker who refused to change behaviour that reflected badly on his employer, even though the termination process was flawed, the Fair Work Commission has accepted.
Failing to provide light duties for six months, in line with doctors' recommendations, was unlawful because it "disregarded" the injured employee's right not to be exposed to workplace hazards, the Federal Circuit Court has ruled.
"Numerous and significant" mitigating factors meant that despite her "brutal public humiliation" of another worker, a long-serving employee has successfully appealed against her proposed dismissal.
Questioning the need for an Acknowledgement of Country at the beginning of a weekly meeting was not misconduct that warranted dismissal, the Fair Work Commission has ruled.
Although failing to consult about redundancy would often render a dismissal via retrenchment unfair, an employer has defended an employee's claim based on his "inflexible" approach to workplace matters.
An employer has failed to convince a Federal Court full bench that a director merely acted upon an HR specialist's recommendation to dismiss an employee for misconduct, and wasn't driven by an "improper motive" when making her decision.
"Ill-advised" and controversial social media posts were a substantial and operative reason for an employer's decision to sack a casual employee, the Federal Court has ruled in upholding her unlawful termination claim.
Allowing a disciplinary meeting to go ahead after learning that a manager accused of misconduct hadn't slept or eaten for three days wasn't "reasonable", a tribunal has ruled.
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.
