An employee who would "appear out of nowhere" and watch other staff, sometimes in the dark, has failed to prove his behaviour didn't warrant a 12-month remuneration reduction.
An employer has been criticised for not dismissing an employee when it was a "viable option" and instead undertaking a "misguided" performance management process that contributed to a psychiatric injury.
The "mere risk" that an employee could relapse into alcohol misuse to combat anxiety and stress didn't mean she was unfit to return to work, a commission has ruled in ordering her reinstatement.
An employee has successfully appealed a ruling that his out-of-hours misconduct warranted his dismissal, with a full Federal Court finding there was no proper consideration of procedural fairness matters.
An employer tried to accommodate a long-serving employee's health issues "as much as [it] could" before sacking her, but its process was deficient, the Fair Work Commission has found in awarding her compensation.
An employer has failed to prove it sacked a probationary employee for not disclosing her ADHD and Asperger's Syndrome prior to employment, with the Federal Circuit Court finding no evidence she had been dishonest.
An employee has failed to convince the Fair Work Commission that he didn't deserve to be dismissed because his numerous Facebook friend requests and unsolicited messages to a young female colleague were actually from his seven-year-old son.
An employer has failed to block an out-of-time unfair dismissal claim, after the Fair Work Commission found it had ignored a worker's numerous attempts to clarify his employment status.
A manager experienced "obvious frustrations" with an employee who was frequently absent, but a commission has rejected that he discriminated against her due to her caring responsibilities.
A casual worker who was refused further shifts and locked out of an employer's roster system after disclosing her pregnancy is entitled to pursue her general protections claim, the Fair Work Commission 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.
