Employees' right to disconnect doesn't extend to Fair Work Commission proceedings, a Deputy President has stated in rejecting an employer's request for more time to prepare its defence to an unfair dismissal claim.
An employee's bullying allegations were reasonable management actions, the Fair Work Commission has accepted, but it has nonetheless urged an employer to improve its complaints handling process.
A Commissioner failed to properly consider whether an employee had breached a code of conduct when he found she had been unfairly dismissed, a full bench of the Fair Work Commission has ruled in an appeal against her reinstatement.
Dismissing an employee for her "deliberate defiance" of an acknowledged direction was unreasonable, the Fair Work Commission has ruled, because she wasn't specifically warned her job was at risk if the behaviour continued.
An employee with a criminal record has been awarded $265k in compensation for discrimination, after an HR leader "leapt into punitive action" without seeking any background information.
In rejecting an employee's appeal over his failed unfair dismissal claim, the Fair Work Commission has reinforced that it does not have to make general enquiries into workplace conduct or culture to conduct a fair hearing.
A Fair Work Commission member was entitled to find an employer "misheard" a worker resign after a heated workplace argument, and her award of maximum compensation should stand, a full bench has ruled.
In finding today that the risk of an employee's psychiatric injury was a "serious possibility" after his botched dismissal process, the High Court has nonetheless determined not to rule on whether employers' duty of care extends to disciplinary and termination events.
An employee jumped the gun when he resigned before the conclusion of redeployment discussions, and his employer did not repudiate his contract, the Fair Work Commission has found.
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