An employer was entitled to dismiss a manager for performance and conduct issues, but its failure to give him time to improve and its "near total lack of procedural fairness" made its decision unfair.
An investigation into alleged misconduct was "sub-standard" but did not amount to repudiation of an employee's contract, the Fair Work Commission has found in a constructive dismissal dispute.
Touching a female colleague on the bottom was "sufficiently serious to justify summary dismissal", the Fair Work Commission has found in rejecting an employee's unfair dismissal claim.
An HR professional has been fined more than $100k, amid more than $4 million in penalties handed down after a "deliberate" scheme to deprive workers of their entitlements.
An employer made reasonable adjustments to an employee's "challenging" and "confronting" duties and hours, the Fair Work Commission has ruled in rejecting she was forced to resign due to a lack of support.
A commission has rejected that weekly meetings with a probationary employee were a "performance appraisal" that exempted an employer from liability for his psychological injury.
An employee who repeatedly ignored simple directions on where to start work each day has lost his unfair dismissal claim, with the Fair Work Commission finding his behaviour was "consciously" deceptive.
A senior executive who muttered "offensive" words during an out-of-hours incident has won claims for adverse action and breach of contract, with the Federal Circuit Court chastising his employer for its incorrect allegations and "misleading" investigation.
A managing director has failed to disprove allegations he intimidated, excluded and swore at his employer's CEO, with a commission finding these "actual events" created the perception of a hostile workplace.
An employee has accused his employer of "recklessly endangering" him when it rejected his request to take time off for an appointment during the busy festive season.
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.