Westpac gave an employee ample warning that she might not receive any redundancy pay if she didn't take up the "identical" role it offered her, the Fair Work Commission has found, in reducing her entitlement from $11,245 to zero.
Blocking out unauthorised time in her calendar and using a "workaround" instead of established process didn't justify dismissal, but an employee went too far when she ignored policies and put clients at risk, the Fair Work Commission has ruled.
An employer has lost its jurisdictional objection to a manager's unfair dismissal claim, but his "belittling and insulting" behaviour gave it a valid reason to sack him, the Fair Work Commission has ruled.
An HR business partner who was selected for retrenchment based on being the "weakest" performer on the team has been denied permission to appeal a finding that her termination was a case of genuine redundancy.
An employer had "room to improve" certain communication and processes, but the issues an employee complained about didn't warrant stop-bullying orders, according to the Fair Work Commission.
When an employer accused its CEO of serious misconduct, suggested his termination was "likely", and gave him only hours to decide whether to resign, it effectively dismissed him, the Fair Work Commission has ruled.
Multi-employer bargaining and the Fair Work Commission's ability to repeat the BOOT during the life of an agreement have had far less impact this year than employers feared, a new report shows.
It was possible an employer wasn't aware of a worker's injury when it directed him to perform a task beyond his capacity, but dismissing him for refusing was harsh and unreasonable, the Fair Work Commission has ruled.
An employee who felt stressed and anxious while suspended from work made the "unfortunate decision" to "take the edge off" with cocaine, the Fair Work Commission has accepted, in upholding his dismissal for failing a D&A test.
Changing an employee's role when she returned from parental leave didn't repudiate her employment, but failing to pay her a $22k bonus breached a fundamental part of her contract and amounted to a dismissal, the Fair Work Commission has found.
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