Even though an employer didn't proactively seek medical information about an absent employee, it wasn't unfair to dismiss him on the basis of incapacity, the Fair Work Commission has ruled.
After already receiving a final warning and being placed on a performance improvement plan, an employee's failure to complete a crucial task made his dismissal valid and fair, according to the Fair Work Commission.
The Fair Work Commission has rejected that an employee was entitled to work from home without limitation, despite his claims of "ambiguity" in his employment contract.
It wasn't unlawful to sack an employee who resisted returning to the office because of her chronic health conditions, the Federal Circuit Court has ruled.
An employee has won his unfair dismissal claim despite showing a concerning lack of insight into his inappropriate behaviour, after the Fair Work Commission found his sacking could have a "catastrophic consequence".
There was no evidence to support an employee's allegations of "unresolved psychosocial hazards", and in any case these didn't justify his unauthorised absences from work, the Fair Work Commission has ruled.
It was fair to sack an employee whose workplace complaints were so unreasonable and persistent that managing them required another worker's almost full-time dedication, the Fair Work Commission has ruled.
Telling an employee who was seeking an early pay rise not to copy the CEO in on her grievance emails was clearly lawful and reasonable, and breaching this direction warranted her dismissal, the Fair Work Commission has found.
Comments added to an employee's half-yearly review were simply feedback, "not performance management, or any kind of discipline", and therefore couldn't underpin an adverse action claim, the Federal Court has ruled.
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.
