An HR manager has failed to convince the Fair Work Commission that he couldn't have sacked a casual worker, who refused to attend an unpaid training session, as she never "officially" started in her role.
A remote worker has failed to prove her dismissal for having "low keystroke activity" over a three-month period was unfair, with the Fair Work Commission finding her failure to perform duties was not "minor" or "incidental".
A recent dispute over a non-disparagement clause in a settlement deed shows "it's really important to get language right" when drafting these agreements, a lawyer says.
An employee who relied on legal advice and delayed informing his workplace of pending criminal charges has been denied permission to appeal his failed unfair dismissal claim, with a full bench affirming his workplace reporting obligations outweighed his lawyer's advice.
A manager whose role was made redundant just hours after he allegedly told his employer he planned to apply for unpaid parental leave has lost his adverse action claim.
An "unusual" case highlights the importance of ensuring commonly used settlement-deed clauses accurately reflect both parties' intentions upon separation, according to a lawyer.
Employees are becoming more "energised" to advocate for their workplace rights and the Fair Work Commission's first equal pay ruling has important lessons on preventing and defending these types of claims, a lawyer says.
A worker has failed to prove a written agreement with an employer was a "sham" designed to misrepresent their relationship, with the Fair Work Commission finding she was an independent contractor and therefore not "dismissed".
A manager who was accused of domestic violence towards a work colleague has failed to prove his "very ugly" out-of-hours texts to her didn't warrant his dismissal, despite the Fair Work Commission finding his employer's process was "defective".
An employer has been ordered to resume an employee's workers' compensation payments, after a commission found that requiring her to return to work with a bully colleague aggravated her psychological injury.
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.
