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.
Summarily dismissing a worker for evading a drug test was warranted, despite his claims he had "defecated in his pants" and needed to rush home, according to the Fair Work Commission.
An employee was understandably concerned about his relationship with a supervisor, who labelled him a poor performer and suggested he attended work "to bludge", a commission has found in psychological injury proceedings.
There was a "significant degree of unreality" in an employee's claim that his employer no longer wanted to be bound by their contract, the Fair Work Commission has ruled, finding he wasn't forced to quit.
The Fair Work Commission has rejected that reinstating an employee would make others think they could "get away" with breaching workplace policies; rather, it said this case would clarify the employer's rules around acceptable behaviour.
An employer has defended dismissing an employee whose performance figures were improving, with the Fair Work Commission finding the quality of his work was his downfall.
A Fair Work Commission full bench has overturned a finding that an "exemplary" employee's 12-month first and final warning for a serious safety incident was an appropriate disciplinary outcome.
When complying with a third-party directive to exclude a worker from a site, commercial considerations don't outweigh the need for a procedurally fair process, a new unfair dismissal claim "demonstrates very clearly".
A "very generalised HR person" had no basis to weigh in on whether an employee's psychological injury risks were foreseeable, a court has ruled in throwing out his "expert" report.
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.
