Holding conflicting views about an organisation's management and "purpose" was never going to allow for smooth sailing in an employment relationship, the Federal Circuit Court has noted in adverse action proceedings.
It was unfair to ask a P&C team member to show cause as to why she shouldn't be sacked for poor performance, when she hadn't been notified of any concerns in the months after passing a PIP, the Fair Work Commission has ruled.
After wrongly equating all bullying with serious misconduct, a Fair Work Commissioner has, on redetermination, ruled that an employee's behaviour met the definition, and warranted his employer's chosen disciplinary action.
An employer that was ordered to compensate a worker it sacked for refusing a breath test has failed to convince a Fair Work Commission full bench that it was treated unfairly as a self-represented party.
Secretly working in a second job and being dishonest after it was discovered constituted serious misconduct, the Fair Work Commission has found in upholding an employee's summary dismissal.
Blaming a general manager for stalling a redundancy consultation process, when the purpose of any further discussion remained "opaque", was "self-serving and disingenuous", the Fair Work Commission has ruled.
An "attitude of reticence or disinclination" towards making intractable bargaining declarations goes against the reforms' intentions, a Fair Work Commission full bench has ruled.
It was "difficult to understand" how an employee's private sexual conversations with someone outside of work became a work-related matter, a commission has commented in upholding his appeal.
Temporarily moving a supervisor to a different role after she reported feeling overwhelmed repudiated her employment contract and resulted in a constructive dismissal, the Fair Work Commission has ruled.
Employers should be much more interested in the information they're collecting about employees, including from "private" conversations held on work platforms, according to a lawyer.
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.
