An HR business partner, who was chosen for redundancy because she was "a little bit emotional when dealing with conflict" and not confident in her English-speaking skills, has lost her unfair dismissal claim.
A Fair Work Commissioner's tolerance for a sacked employee "evaporated" when she failed to meet relevant case deadlines, and he said her lack of attention to detail supported her employer's many dismissal reasons.
The Fair Work Commission has upheld the principle of "management prerogative" in finding that it was reasonable for an employer to reject an internal applicant for a role.
An employer's failure to intervene with mediation in a workplace conflict that culminated in an employee's sacking didn't make his dismissal unfair, a commission has found.
A workplace advisory service, which has been criticised by the Fair Work Commission on more than 30 occasions, has been refused permission to represent employees in 46 new applications due to concerns about its "misleading" practices.
An HR general manager thought it would be "insulting" to offer a retrenched employee "lesser" roles due to his skills and experience, but failing to at least have this conversation made his dismissal unfair, the Fair Work Commission has found.
An employee who sought 100% remote working arrangements because she was over 55 and had increased health risks has failed to secure flexible work orders, with the Fair Work Commission finding no nexus between her age and her request.
An employee, who alleged managers bullied her during a performance management process, has failed to secure interim orders blocking her dismissal until the conclusion of her stop-bullying claim.
After proposing to make a pregnant employee's role redundant, an employer dismissed her by suggesting that she quit, asking her to leave the workplace and then confirming her alleged resignation in writing, the Fair Work Commission has found.
It was fair to sack a worker who created a psychosocial safety risk by sending threatening and belittling texts after hours to his manager, the Fair Work Commission has ruled.
