How an employer could claim a casual worker's employment was terminated "professionally", while also contending he wasn't dismissed, was a "mystery", according to the Fair Work Commission.
A worker on a fixed-term contract, who alleged she was "blocked" from completing the qualification she needed to become a permanent employee, was not dismissed and couldn't pursue an adverse action claim, a Fair Work Commission full bench has found.
A 64-year-old worker, whose employment was terminated the day after he had a severe fall requiring surgery, has been cleared to claim unfair dismissal despite lodging his application late.
Workplace sexual harassment training "overwhelmingly" focuses on male-to-female conduct, which could perpetuate stigma and underreporting among men who are harassed by men, a lawyer warns.
The Fair Work Commission has rejected that a supervisor's employment ended by mutual agreement after a heated argument, accepting he was dismissed without a valid reason.
An employer's attempts to avoid dismissing an employee who engaged in serious misconduct at a client site distinguished his case from other rulings involving workers sacked as a result of third-party directions, according to the Fair Work Commission.
Failing to disclose use of medicinal marijuana clearly breached an employer's policy, but the employee didn't act with "malevolence", the Fair Work Commission has ruled in ordering his reinstatement.
The FWC has no jurisdiction to deal with a casual conversion dispute lodged by an employee whose role was made redundant shortly after she sought to become permanent.
An email that an employee characterised as "menacing" was in fact "reasonable and appropriate", and every matter that managers raised with him "ought to have been raised", the FWC has found in rejecting his stop-bullying application.
An employer's failure to include a critical safety rule in its 'consolidated' D&A manual has undermined its objection to reinstating a worker sacked for breaching its policy.
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