When a CEO asked an employee if she had another job to go to and then gave her an "opportunity to resign" before a negative performance review, she had no option but to quit, the Fair Work Commission found.
An "incredibly patient" employer's dismissal of an absent worker has been upheld as fair, after she repeatedly failed to attend independent medical examinations despite receiving disciplinary warnings.
Dismissing an employee for being unable to perform the inherent requirements of her role wasn't harsh, a tribunal has found, even though she was certified as "medically capable of attending work reliably".
A probationary employee who said he was going to be "the next Erin Brockovich" has failed to prove he was sacked for raising health and safety concerns, in the first such claim of its type.
A former CEO deliberately misled a recruitment panel when he failed to disclose that in a prior role he was found to have "knowingly engaged" in unconscionable conduct, a tribunal has ruled.
Reinstating an employee accused of misconduct would "in no way" undermine an employer's capacity to comply with its safety obligations, a Fair Work Commission full bench has ruled in rejecting an unfair dismissal appeal.
Failing to let an employee comprehensively respond to performance concerns she considered "unjustified" was unreasonable, a commission has ruled in upholding her psychological injury claim.
The Fair Work Commission's first contested single interest employer authorisation is important for all organisations, because it helps clarify when they might be roped in to EAs, and how to defend applications, a lawyer says.
An employer unintentionally dismissed an employee when it treated his ambiguous comments as a resignation and "unilaterally" declared he was no longer employed, the Fair Work Commission has ruled.
It was unfair to sack an employee who refused to sign a new employment contract with higher sales targets and "unreasonable" restraint clauses, the Fair Work Commission has found in awarding him $42.5k in compensation.
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